S.Venkataraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2021

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 9677 of 2021 and W.M.P. No. 10259 of 2021 S.Venkataraman, S/o. Late P.R.Srinivasan ..Petitioner

Versus

1. The District Collector, Kanchipuram District, Kanchipuram-631 501.

2. The Revenue Divisional Officer, Chengalpattu, Kanchipuram District.

3. The Tahsildar, Thiruporur, Kanchipuram Dt.

4. S.Nandagopal ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to forthwith complete the enquiry that had commenced on 30.10.2015 on the representations dated 15.04.20214.

For Petitioner : Mr.V.Prabhakar For Respondents : Mr.S.N.Parthasarathi, Govt. Advocate for R1 to R3

O R D E R

(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the respondents 1 and 2 to forthwith complete the enquiry that had commenced on 30.10.2015 on the representations of the petitioner dated 15.04.2014.

2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the 4th respondent, notice to the 4th respondent is dispensed with.

3. The grievance of the petitioner is that, his father is the owner of property in Survey No.1401/34, situated at No.52, Thaiyur Village, Kelambakkam Panchayat, Tiruporur, Chenglepet District, and he died during December 2011. The petitioner is the one of legal heirs of deceased. After the death of his father, the patta has been transferred in the name of 4th respondent inadvertently. Hence, the petitioner has made a representation to the 1st respondent on 15.04.2014 and thereafter, the 1st respondent has directed the 2nd respondent to conduct enquiry. Pursuant to the same, the 2nd respondent has also conducted the enquiry on 30.10.2015. But, so far, no order has been passed on it. Hence, the present Writ Petition has been filed by the petitioner.

4. The learned Government Advocate appearing for respondents 1 to 3, on instructions, would submit that since the 4th respondent is not appearing for enquiry, the enquiry has been prolonged and it was posted on 11.05.2021.

5. Considering the above circumstances, without going into the merits of the case, the 2nd respondent is directed to complete the enquiry and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of eight weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is also closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rpp To

1. The District Collector, Kanchipuram District, Kanchipuram-631 501.

2. The Revenue Divisional Officer, Chengalpattu, Kanchipuram District.

3. The Tahsildar, Thiruporur, Kanchipuram Dt.

+1 CC to Mr.S. Kingston Jerold, Advocate sr 24577 W.P.No. 9677 of 2021 GPL(CO) SP(19/05/2021)