Madras High CourtWP/13977/2019disposed of

K.T.Sakthivelu v. The Directorate

2019-10-24Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.13977 of 2019 K.T.Sakthivelu ..Petitioner Vs.

1. The Directorate Vigilance and Anti Corruption No.293, M.K.N Road, Alandur, Chennai-600 016.

2. The Principal Secretary/ Commissioner Land Survey and Settlement Chepauk, Chennai-5.

3. The District Collector Erode District.

4. The Assistant Director Survey and Land Records Department, Erode.

5. The District Revenue Officer, Gopichettipalayam Erode District.

6. S.Ravi Deputy Inspector of Survey Gobichettipalayam Taluk Erode District.

7. R.Murugesan Inspector of Survey Erode West Division Land Survey and Records Department Erode District.

8. M.Mookkaiah Retired Assistant Director Land Survey and Records Department No.1122/1, Thendral Nagar, Karambakkudi Road, Ganarvakottai, Pudhukottai District.

9.K.Kumaresan Thasildar Divisional Excise Officer Kudalingam Dhidal Erode Taluk Office Compound Erode District.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 to 5 to complete the enquiry and take appropriate action against the respondents 6 to 9 based on the direction issued by the 1st respondent in his petition No.1556/2018/SUR/ER dated 15.02.2018.

For Petitioner : Mr.A.Tamilrajan For Respondents : Mr.A.N.Thambidurai for R1 to R5 Special Government Pleader

ORDER

Writ Petition is filed for issuance of Writ of Mandamus, directing the respondents 2 to 5 to complete the enquiry and take appropriate action against the respondents 6 to 9 based on the direction issued by the 1st respondent in his petition No.1556/2018/SUR/ER dated 15.02.2018.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner was initially appointed as Field Surveyor on 22.10.2007 and presently, he is working as Firka Surveyor in the Revenue Department, at Kilambadi Firka, Kodumudi Taluk, Erode District. In the meanwhile, a charge memo was issued against the petitioner as if he done illegality after making false entries in the Government records of Revenue Department records and Survey Department records in order to favour one Duraisamy and thereafter, made a representation on 9.02.

2018, to the 1st respondent to take appropriate action against the private respondents namely 6 to 9 respondents who have committed mischief and made the petitioner as scape goat, under Rule 17(b) of TNCS (D & A) Rules and the complaint was forwarded to the official respondents 2 to 4. Till date, no order was passed on the petitioner's complaint. Hence this writ petition is filed. 4.

the petitioner dated 09.02.2018, within a reasonable time as fixed by this Court.

5. This Court perused the representation as well as the communication in between the Director of the Land Survey and the District Collector and several orders were issued and answer was given and the 3rd respondent, viz., The District Collector requested the Director of the 1st respondent to consider the representation made by the petitioner.

6. Considering the limited request made by the learned counsel for the petitioner, I am inclined to issue a direction to the 3rd respondent/District Collector to pass an order after affording opportunity to the respondents 6 to 9 within a period of 12 weeks from the date of receipt of a copy of this order. 7.With the above direction, the writ petition stand disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Directorate Vigilance and Anti Corruption No.293, M.K.N Road, Alandur, Chennai-600 016.

2. The Principal Secretary/ Commissioner Land Survey and Settlement, Chepauk, Chennai-5.

3. The District Collector, Erode District.

4. The Assistant Director Survey and Land Records Department, Erode.

5. The District Revenue Officer, Gopichettipalayam, Erode District.

+1 cc to M/s.A.Tamil Rajan,Advocate Sr.No. 89138 AKM/16.12.19/6P- 7C / W.P.No.13977 of 2019 AKM/09.01.2020