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Madras High CourtWP/3578/2018disposed of

N.Mohan Raj, v. The Secretary To Government,

2018-02-21Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21-02-2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.3578 of 2018 And W.M.P. No.4372 of 2018 N.Mohan Raj ..Petitioner vs.

1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Rajaji Salai, Chennai-600 009.

2.The District Collector, Sathuvachari, Vellore District-9.

3.The Revenue Divisional Officer, Ranipettai Zone, Ranipettai.

4.A.Ravi 5.S.Venkatesan ..

Respondents Writ Petitions are filed under Article 226 of the Constitution of India, praying for the issue of Writs of Mandamus, directing the respondents to give the enquiry report vide Ref.Na.Ka.No.A4/1780/15, dated 17.6.2015 and to take immediate and appropriate action against S.Venkatesan, VAO, Thanigaipolur and the Deputy Tahsildar, A.Ravi, Arakkonam in accordance with law.

For Petitioner : Ms.M.Malar.

For Respondents 1 to 3 : Mr.R.S.Selvam, Government Advocate.

O R D E R

This writ petition has been filed by N.Mohan Raj, seeking a Mandamus, directing the respondents to give the enquiry report and also to take immediate and appropriate action against S.Venkatesan, Village Administrative Officer, Thanigaipolur and A.Ravi, Deputy Tahsildar, Arakkonam, in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint before the District Collector, Vellore District on 27.7.2015, elaborately mentioning about the misconduct and also the several irregularities committed by the said Mr.S.Venkatesan, Village Administrative Officer, specifically indicating that he has forged the Patta No.38 for Survey No.334/9 in the name of one Velu, S/o.Krishnan and thereby abetted in misappropriation of more than Rs.1,80,000/- in cash.

3. Although a complaint was given on 9.3.2015 to the second respondent and again on 16.3.2015, regarding the criminal misconduct of Mr.S.Venkatesan, Village Administrative Officer and Mr.A.Ravi, Deputy Tahsildar, for taking action against them, however, no action was taken. Therefore, complaints were sent on 16.4.2015 and 17.5.2015. Finally, the Revenue Divisional Officer, Ranipet Zone, the third respondent herein, sent a letter dated 22.5.2015 for the petitioner to attend the enquiry on 3.6.2015. But the petitioner was unable to attend the enquiry and request for another date of hearing and thereafter received another intimation from the third respondent dated 17.6.2015, fixing the date of enquiry on 30.6.2015. Accordingly, he has attended the enquiry, where as the abovesaid Village Administrative Officer and the Deputy Tahsildar failed to attend the enquiry. Therefore, the are advised to come before this Court.

4. When the matter was taken up, the learned Government Advocate, appearing for respondents 1 to 3, placing on record a letter bearing Rc.No.A4/1780/2015, dated 19.2.2018, addressed to the learned Government Pleader by the Revenue Divisional Officer, Ranipet. In the said letter dated 19.2.2018, the Revenue Divisional Officer, Ranipet, stated that the enquiry is over and the copy of the report also has been given to the delinquent. The delinquent/Village Administrative Officer of Thanigaipolur also has been given an opportunity for personal hearing and final orders will be passed within a fortnight time.

5. Placing on record the abovesaid letter of Revenue Divisional Officer, Ranipet bearing Rc.No.A4/1780/2015, dated 19.2.2018, submitted by the learned Government Advocate, appearing on behalf of

the respondents 1 to 3, informing this Court that final orders will be passed within a period of two weeks, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar Svn To

1. The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Rajaji Salai, Chennai-600 009.

2. The District Collector, Sathuvachari, Vellore District-9.

3. The Revenue Divisional Officer, Ranipettai Zone, Ranipettai.

+1 CC to The Govt. Pleader sr 13668.

+1 CC to Ms.T.Malar, advocate sr 13373 WP 3578 of 2018 SP(09/03/2018)