D.Rajendran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2019
CORAM
THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12566 of 2019 D.Rajendran
...Petitioner
Vs.
1. The District Collector, Collectorate Office, Villupuram District, Villupuram.
2. The District Revenue Officer, Office of the District Revenue, Villupuram.
3. The Sub Collector, O/o The Sub Collector, Jakkampettai Village, Tindivanam Taluk, Villupuram District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent herein to implement the order of the 2nd respondent in O.Mu.A2/32286/2018 dted 14.11.2018 in respect of Survey No.423/1 and 6 situated at Narerikuppam Village, Tindivanam Taluk, Villupuram District within the time stipulated by this Court. For Petitioner :
Mr.T.Dhanasekran For Respondents :
Mr.V.Prabhu, Government Advocate.
O R D E R Mr.V.Prabhu, learned Government Advocate takes notice for the respondents. By consent of the parties, this main writ petition is taken up for final disposal at the admission stage itself.
2.The petitioner seeks for Mandamus directing the 3rd respondent herein to implement the order of the 2nd
respondent in O.Mu.A2/32286/2018 dated 14.11.2018 in respect of Survey No.423/1 and 6 situated at Narerikuppam Village, Tindivanam Taluk, Villupuram District within the time stipulated by this Court.
3. It is seen that the petitioner approached the 2nd respondent through his counsel and filed an application on 11.11.2018, wherein and whereby, he sought for cancellation of patta in respect of the subject matter property. It is seen that the 2nd respondent through proceedings dated 14.11.2018, directing the 3rd respondent to conduct enquiry and file a report before the 2nd respondent.
4. The grievance of the petitioner is that the 3rd respondent has not conducted enquiry so far as directed by the 2nd respondent. Therefore, the present writ petition is filed seeking for a direction to the 3rd respondent to implement the order passed by the 2nd respondent dated 14.11.2018.
5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the 2nd and 3rd respondents to consider and decide as the only grievance of the petitioner is that the 3rd respondent is not conducting any enquiry in pursuant to the communication made by the 2nd respondent. Therefore, this Writ Petition is disposed of only by directing the 3rd respondent to complete the enquiry as directed by the 2nd respondent and file a report before the 2nd respondent, after giving due opportunity of hearing to all the parties concerned. Such exercise shall be done by the 3rd respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsi To
1. The District Collector, Collectorate Office, Villupuram District, Villupuram.
2. The District Revenue Officer, Office of the District Revenue, Villupuram.
3. The Sub Collector, O/o The Sub Collector, Jakkampettai Village, Tindivanam Taluk, Villupuram District.
+1 CC to Mr.T.Dhanasekran, Advocate sr 40939. +1 CC to Govt. Pleader sr 41304.
W.P.No.12566 of 2019 RSV(CO) SP(29/05/2019)