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Madras High CourtWP/10514/2019disposed of

P.Raja Monohar v. The Directorate Of Vigilance,

2021-07-08Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. NO. 10514 OF 2019 P.Raja Manohar

...Petitioner

Vs

1. The Directorate of Vigilance, Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai - 600 016

2. The District Collector, Tiruppur, Tiruppur District.

3. The Sub-Collector, Tharapuram, Tiruppur District.

4. Anand @ Selvaraj

5. Muthumanickam

6. Soundararajan [R4 to R6 impleaded vide Court Order dated 19.07.2019 in W.M.P.No.20763/2019]

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to consider the representation of the petitioner dated 03.10.2018 based on the direction issued by the 1st respondent to the 2nd respondent dated 11.10.2018 and the direction issued by the 2nd respondent to 3rd respondent dated 12.10.2018.

For Petitioner ...

Mr. S.Arokia Maniraj For Respondents ...

Mr. KMD.Mukilan Government Advocate for R1 to R3 ...

Mr.K.Sudhakar for R4 to R6

ORDER

This writ petition has been filed seeking a direction to the 3rd respondent to consider the petitioner's representation.

2. According to the petitioner, originally, the properties in Survey No.248/B, B1, B2, B2A, 248/B2, B2A, B2B, B2C, B2D, 248/32, A1B were assigned in favour of the grand father of the petitioner, namely, one Angan. After his death, the petitioner's father one Paul was enjoying the same. After the demise of his father , the petitioner is in possession and enjoyment of the same. Now, the respondents 4 to 6 have fraudulently obtained patta in their favour. Hence, the petitioner made a representation dated 03.10.2018 to the respondents 1 and 2. On 12.102018, the 2nd respondent, in turn, directed the 3rd respondent/Sub-Collector to take action on the same. But, so far no order has been passed. Hence, the present writ petition has been filed.

3. The learned counsel appearing for the respondents 4 to 6 would submit that the 5th respondent,namely, Muthuanickam died pending the writ petition.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the respondents 4 to 6.

5. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and also the fact that the petitioner's representation is pending with the 3rd respondent, without going into the merits of the case, the 3rd respondent is directed to consider the petitioner's representation and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as the respondents 4 and 6 and the legal heirs of the 5th respondent, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy// Sub Assistant Registrar mrp

To

1. The Directorate of Vigilance, Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai - 600 016.

2. The District Collector, Tiruppur, Tiruppur District.

3. The Sub-Collector, Tharapuram, Tiruppur District.

+1cc to Mr.K.Sudhakar, Advocate, SR.No.32420 W.P. No. 10514 of 2019 PCH(CO) RLP(02/08/2021)