V. Thangavel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.14455 of 2016 V.Thangavel ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Revenue Development Officer, Office of the Revenue Development Officer, ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to pass appropriate order on the Petitioner's representation dated 09.06.2015 for which enquiry was conducted on 22.07.2015, within the time stipulated by this Hon'ble Court. For Petitioner : Mr.E.D.Sethupathi For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The present writ petition has been filed seeking a Mandamus directing the second respondent to pass appropriate orders on the petitioner's representation dated 09.06.2015 for which enquiry was conducted on 22.07.2015, within the time stipulated by this Court.

3.In the petition it has been stated that the immovable property in Panchami land Survey No.272 and 272/2 situated at Chellampatti Village, Villupuram District was in enjoyment of the petitioner's father for several years and patta was also

issued in favour of him and after his demise, the petitioner got transfer of patta in his name and was in peaceful possession and enjoyment of the same with his family members. Since there was no rain for several years, he shifted from the native village seeking for job and when he returned back, he was shocked to see one Mrs.Kaveriammal had encroached his property and obtained patta in her name. Hence, the petitioner made representation to the respondents and since there was no response, he once again made representation on 09.06.2015 and after the receipt of the same, the first respondent directed the second respondent to conduct enquiry and to submit the enquiry report and also to furnish the enquiry report to the petitioner. Accordingly, the second respondent vide proceedings dated 09.07.

2015 called the petitioner and the said Kaveriammal for enquiry and accordingly, they appeared before the second respondent on 22.07.2015 and after completion of the enquiry, it was informed that the enquiry report will be furnished to the petitioner, but the same was not furnished. Hence, the petitioner has come forward with this petition.

4.Heard the submissions of the learned counsel appearing for the petitioner and the learned Special Government Pleader. 5.Considering the submissions made on either side, this Court directs the respondent to consider the representation of the petitioner dated 09.06.2015 and pass appropriate orders, on merits and in accordance with law, after affording opportunity of personal hearing to the petitioner as well as to all the necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The District Collector, Office of the District Collector,

2.The Revenue Development Officer, Office of the Revenue Development Officer, +1 cc to Mr.E.D.Sethupathi Advocate sr.24311 W.P.No.14455 of 2016 kk(co) aa10/05/2016