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Madras High CourtWP/11887/2019disposed of

Dr.Aravamudhan Raman v. The Prinicpal Secretary,

2019-04-26Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11887 of 2019 Dr.Aravamudhan Raman ... Petitioner Vs.

1.The Principal Secretary Commissioner of Land Administration Chennai-600 005.

2.The District Collector O/o. The District Collector Namakkal.

3.The District Revenue Officer O/o. The District Collector Namakkal.

4.The Thasildar Paramathi Vellore Taluk Namakkal District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the concerned records connected with the impugned letter Ref.No.Na.Ka.16915/2015/01 on 28.04.2018 issued by the 3rd respondent and consequently, direct the respondents to fix the date for complying the order of this Court in WP.No.671 of 2018 dated 11.01.2018.

For Petitioner :

Dr.S.Manoharan For Respondents:

Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed challenging the proceedings dated 28.04.2018, which is nothing but an enquiry notice issued by the third respondent, calling upon the petitioner to appear at the spot for the purpose of survey.

3. It is seen that this Court has already disposed the writ petition filed by the petitioner in WP.No.617 of 2018 on 11.01.2018, wherein and whereby, the Tahsildar, Paramathi Vellore Taluk, was directed to consider the representation of the petitioner dated 25.11.2017 and pass orders on the same within a period of twelve weeks. If the said order is not complied with so far, it is for the petitioner to take appropriate course of action in the manner known to law, as against non-compliance. Without doing so, the petitioner has chosen to file the present writ petition challenging the enquiry notice. Therefore, I find that the present action of the petitioner in challenging the enquiry notice is not maintainable. However, if the order passed in WP.No.617 of 2018 dated 11.01.2018 is not complied with, it is for the petitioner to work out his remedy in the manner known to law. With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar mk To 1.The Principal Secretary Commissioner of Land Administration Chennai-600 005.

2.The District Collector O/o. The District Collector Namakkal.

3.The District Revenue Officer O/o. The District Collector Namakkal.

4.The Thasildar Paramathi Vellore Taluk Namakkal District.

+1cc to Government Pleader, High Court, Madras SR.No.41204 W.P.No.11887 of 2019 EV(CO) GMY(21/05/2019)