Mohana, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.05.2016
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN Writ Petition Nos.18161 and 18162 of 2016 and W.M.P.Nos.15928 and 15929 of 2016 Mohana ... Petitioner in W.P.No.18161/2016 Logammal ... Petitioner in W.P.No.18162/2016 Vs.
1.The District Collector, Sathuvachari, Vellore District -9.
2.The Tahsildar, Arakkonam Taluk, Vellore District.
3.The Sub-Inspector of Police, Law & Order, Thakkolam, Vellore District.
... Respondents in both the Writ Petitions Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of writ of mandamus forbearing the respondents (1) & (2) from interfering with the lands in possession of the petitioner in Survey No.6, Murungai Village, measuring an extent of 0.41.51 hectares and 0.64.0 acre, till such time the directions contained in the order of the Commissioner, Land Administration dated 20.04.2016 in T.2/06464/2016 is complied with.
For Petitioner : Ms.G.Thilakavathi in both the Cases For Respondents: Mr.V.Jayaprakash Narayanan Special Government Pleader in both the Cases
COMMON ORDER (Order of the Court made by M.SATHYANARAYANAN, J.) By consent, the writ petition itself is taken up for final disposal.
2. The grievance expressed by the writ petitioners is that despite the order of remand dated 20.04.2016 made in T.2/06464/2016 passed by the Additional Chief Secretary And Commissioner of Land Administration, Chepauk, Chennai, remanding the matter once again to the Collector of Vellore District for fresh enquiry, the jurisdictional Tahsildar is interfering with their possession and enjoyment of the lands in question. In this regard, they have also lodged a complaint on the file of the SubInspector of Police, Thakkolam, Vellore District. Since no action has been taken, they came forward to file these writ petitions.
3. Mrs.G.Thilakavathi, learned counsel appearing for the petitioners would submit that despite the order of remand, the jurisdictional Tahsildar did not chose to obey the order passed by the Additional Chief Secretary And Commissioner of Land Administration and he is interfering with their possession and they may be permitted to submit representations to the higher authorities of the said Tahsildar for appropriate relief.
4. This Court heard the submissions of Mr.V.Jayaprakash Narayan, learned Special Government Pleader, who accepts notice on behalf of the official respondents.
5. In the light of the above facts and circumstances, the writ petition is disposed of and the petitioners are at liberty to submit representations to the first respondent as to the alleged misdeeds of the second respondent within a period of two weeks from the date of receipt of a copy of this order. The first respondent, on receipt of the same, shall make every endevaour to dispose of the same in accordance with law within a further period of four weeks thereafter and also comply with the order of remand dated 20.04.2016. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar vsm/gpa
To 1.The District Collector, Sathuvachari, Vellore District -9.
2.The Tahsildar, Arakkonam Taluk, Vellore District.
3.The Sub-Inspector of Police, Law & Order, Thakkolam, Vellore District.
2 ccs to M/s.G. Thilakavathi, Advocate, Sr. 28739 and 28740 1 cc to Government Pleader, Sr. 28938 Writ Petition Nos.18161 and 18162 of 2016 BVR (CO) kk 8/6