K.Chandran, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Chandran ... Petitioner -Vs1. The District Collector, C.P.Chitraarasu Maligai Collectorate, Sathuvanchari Vellore - 632 009.

2. Natrajan, The Village Administrative Officer (on duty) Thuthipattu Post, Ambur Taluk, Vellore District.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 1st respondent to initiate departmental enquiry against the 2nd respondent by appointing enquiry officer regarding the petitioner's representation dated 05.07.2012 and to file final report.

For Petitioner : Mr.S.Ambigapathi For R1 : Mr.L.S.M.Hasan Fizal Additional Government Pleader For R2 : Mr.S.Saravanan

ORDER

This Writ Petition has been filed for direction directing the first respondent to take appropriate departmental action as against the second respondent.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner made a representation before the 1st respondent and other Superior Officer to take appropriate action as against the 2nd respondent by way of departmental proceedings on the allegation that the immovable property belonged to the petitioner's grandfather and it was transferred to his father. Thereafter the petitioner is in possession and enjoyment of the said property through family settlement.

4. While being so, the petitioner constructed shop with Asbestos Sheet, Rolling Shutter. However, it was demolished by the 1st respondent. The neighbour is also claiming the said property by means of passage. The petitioner also lodged complaints and the same were

registered in Crime Nos. 03/2008, 31/2008 and 180/2010 on the file of Omarabad Police Station. The petitioner approached the second respondent for issuance of Patta, Chitta and Adangal extract for the said property. However, no action has been taken on the application submitted by the petitioner. It is also pertinent to note that the Patta issuing Authority is not the Village Administrative Officer and he can only make a field inspection and send a report.

5. That apart the 2nd respondent retired from service. Therefore the representation submitted by the petitioner to take appropriate action as against the 2nd respondent cannot be considered and the writ petition is devoid of merits. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

01.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To The District Collector, C.P.Chitraarasu Maligai Collectorate, Sathuvanchari Vellore - 632 009.

01.09.2023