T.Kathiravan v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-06-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM And WMP No.13682 of 2023 T.Kathiravan ... Petitioner Vs.

1.District Collector, 2.Sub Collector/Revenue Divisional Officer, 3.Thasildhar, Gummidipoondi Taluk, 4.Village Administrative officer, Sethilpakkam Village, Madarpakkam Firka, Gummidipoondi Taluk,

5.The Superintendent of Police, 6.The Inspector of Police, Padhrivedu Police Station, 7.Mr.Kanniappan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to pass final orders on the basis of the enquiry report submitted by the second respondent in File Number Na.Ka.No.5458/2017/A2 dated 06.03.2020 pending on the file of the first respondent about petitioner's land in Survey Number 462/1B of Sethilpakkam Village, Gummidipoondi Taluk, For Petitioner : Mr.V.Jayaprakash Narayanan For Respondents-1 to 6 : Mr.N.Naveenkumar, Government Advocate.

O R D E R

The grievance of the petitioner is that an enquiry was commenced and concluded based on the complaint submitted by the seventh respondent is kept pending for an indefinite period without passing any final

orders.

2. The learned counsel for the petitioner states that summons were issued to the parties and an enquiry was conducted by the Competent Authority and the report of the enquiry was also submitted to the District Collector for the purpose of passing final orders.

3. Even after submission of the Enquiry Report, the District Collector has not initiated any action to pass final orders. The petitioner has already waited for about five years and having no other efficacious remedy, has chosen to file the present writ petition. The petitioner has enclosed the copy of the Enquiry Report dated 06.03.2020, which would reveal that the Revenue Divisional Officer, Ponneri submitted the said report to the District Collector, Thiruvallur District.

4. This being the factum, the first respondent-District Collector, Thiruvallur District is directed to consider the materials available on record, including the Enquiry Report and pass pass final orders on merits and in accordance with law, within a period of eight weeks from the date of receipt

of a copy of this order. The writ petitioner is directed to send the copies of all the documents along with the order passed in the present writ petition to the first respondent-District Collector, Thiruvallur District.

5. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

01-06-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.District Collector, 2.Sub Collector/Revenue Divisional Officer, 3.Thasildhar, Gummidipoondi Taluk, 4.Village Administrative officer, Sethilpakkam Village, Madarpakkam Firka, Gummidipoondi Taluk, 5.The Superintendent of Police, 6.The Inspector of Police, Padhrivedu Police Station,

S.M.SUBRAMANIAM, J.

Svn WP 14048 of 2023 01-06-2023