Pappathi Ammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2019
CORAM
THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.2163 of 2019 and WMP.No.2410 of 2019 Pappathi Ammal
...Petitioner
Vs.
1.The District Collector Coimbatore District Coimbatore - 641 018.
2.The District Revenue Officer Coimbatore District Coimbatore - 641 018.
3.The Sub-Collector O/o. The Revenue Division Office (North) Thudiyalur, Coimbatore - 641 034.
4.The Tahsildar Coimbatore North Taluk Coimbatore - 641 018.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to conduct an enquiry on the representation dated 21.01.2019 made by the petitioner, in respect of the land measuring an extent of 5.00 acres, comprised in Survey 969/2 in Koodalur Village, Coimbatore North Taluk, Coimbatore District, in accordance with law, within a reasonable time. For Petitioner :
Mr.A.E.Ravichandran For Respondents :
Mr.R.Govindasamy Special Government Pleader O R D E R The petitioner seeks for a mandamus directing the second respondent to conduct an enquiry on her representation dated 21.01.2019, in respect of the land measuring an extent of 5.00
acres, comprised in Survey 969/2 in Koodalur Village, Coimbatore North Taluk, Coimbatore District, in accordance with law.
2. Heard both sides.
3. It is claimed by the petitioner that her husband viz., Rathinasamy, an Ex-serviceman was assigned with the subject matter land by an order of the Tahsildar, Coimbatore on 20.08.1970, also by issuing assignment patta. It is claimed by the petitioner that she is continuously paying the Kist etc., and however, she came to know that the assignment was cancelled as early as on 27.10.1980 without her knowledge. Therefore, she filed a writ petition before this Court in WP.No.24700 of 2018 seeking for mandamus directing the Revenue Divisional Officer to furnish a copy of the cancellation of assignment order dated 27.10.1980. The said writ petition was disposed of on 19.09.2018 by directing the Revenue Divisional Officer, Coimbatore to consider the representation dated 10.08.
2018 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties. Pursuant to the said order passed by this Court, the petitioner through her representation dated 21.01.2019 sought for conducing an enquiry. Thereafter, the present writ petition is filed seeking for the relief as stated supra.
4. Today, when the matter is taken up for further hearing after notice, it is represented by both sides that the third respondent is holding the enquiry through proceeding No.Na.Ka.2661/18/A2 dated 25.01.2019 and therefore, he may be directed to complete the enquiry within the time stipulated by this Court.
5. Considering the above stated facts and circumstances and in view of the admitted fact that the third respondent is holding the enquiry as stated supra, this writ petition is disposed of only by directing the third respondent to complete the enquiry and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk
To 1.The District Collector Coimbatore District Coimbatore - 641 018.
2.The District Revenue Officer Coimbatore District Coimbatore - 641 018.
3.The Sub-Collector O/o. The Revenue Division Office (North) Thudiyalur, Coimbatore - 641 034.
4.The Tahsildar Coimbatore North Taluk Coimbatore - 641 018.
+1cc to Mr.A.E.Ravichandran, Advocate, S.R.No.12172 +1cc to the Government Pleader, S.R.No.12307 W.P.No.2163 of 2019 RSI(CO) CS/08/03/2019