K.Naraynan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.21119 of 2018 K.Narayanan

...Petitioner

Vs 1.The District Collector, Cuddalore District, Tiruvannamalai.

2.District Revenue Officer, District Revenue Office, Cuddalore.

3.Revenue Divisional Officer, Tiruvannamalai District.

4.Tahsildar (Revenue), Vridhachalam, Cuddalore District.

5.R.Palanivelu

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 4th respondent to complete the enquiry regarding the obstruction of petitioner's water channel in Survey No.186/4C by 5th respondent within a fixed time limit.

For Petitioner : Mr.A.K.Rajaraman For R1 to R4 : Mrs.P.Rajalakshmi Additional Government Pleader

O R D E R

This Writ Petition is filed to issue a Writ of Mandamus directing the 4th respondent to complete the enquiry regarding

the obstruction of petitioner's water channel in Survey No.186/4C by the 5th respondent within a fixed time limit. 2.It is the grievance of the petitioner that despite his appearance before the respondents on several occasions, the 5th respondent, who is the contesting respondent failed to appear for enquiry with regard to the issue related to the petitioner's water channel in Survey No.186/4C at Allichikkudi Village, Saathukkudal Post, Vridhachalam Taluk, Cuddalore District. According to the petitioner, the Civil Court had already passed a decree relating to the said claim. However, the authorities have not completed the enquiry till date. Hence, this Writ Petition.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4, who, on instructions, submitted that the enquiry would be completed, within a time frame to be fixed by this Court.

4.Considering the facts and circumstances, of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the 4th respondent to complete the enquiry and pass appropriate orders on merits and in accordance with law, after giving due opportunity of personal hearing to the petitioner as well as the 5th respondent within a period of six weeks from the date of receipt of a copy of this order.

5.The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gsa To 1.The District Collector, Cuddalore District, Tiruvannamalai.

2.The District Revenue Officer, District Revenue Office, Cuddalore.

3.The Revenue Divisional Officer, Tiruvannamalai District.

4.The Tahsildar (Revenue), Vridhachalam, Cuddalore District.

+1cc to Mr.A.K.Rajaraman, Advocate, S.R.No.56697 +1cc to the Government Pleader, S.R.No.57216 W.P.No.21119 of 2018 GSP(03/09/2018)