Madras High CourtWP/7403/2013disposed of

T.Rajendran v. The Secretary To The Govt.,

2016-11-14Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.7403 of 2013 T.Rajendran .. Petitioner

Versus

1 The Secretary to the Government, Revenue Department, Fort. St. George, Chennai.

2 The District Collector, Villupuram District.

3 The Tashildar, Kallakurichi, Villupuram.

4 The Revenue Inspector, Indheli Village, Villupuram.

5 The Village Administrative Officer, Mallaikottallam, Villupuram.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry based on the representation dated 28.02.2013 and further direct respondents 3 to 5 to pay compensation to the petitioner.

For Petitioner : Mr.P.Sesubalan Raja For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

The petitioner has come forward with this Writ Petition seeking for direction to the respondents 1 and 2 to conduct an enquiry based on the representation dated 28.02.2013 and to direct the respondents 3 to 5 to pay compensation.

2. Heard Mr.P.Sesubalan Raja, learned Counsel appearing for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader appearing on behalf of the respondents.

3. The learned counsel for the petitioner submits that the lands comprised in Survey No.261/7 measuring an extent of 0.03 cents Malaikottalam Village, Kallakurichi District, was originally assigned in favour of his father, in the year 1970. Subsequent thereto, through a Settlement Deed dated 23.02.2012, the said land was settled in favour of the petitioner. The petitioner has been in possession and enjoyment of the aforesaid property from the year 2012 onwards. The learned counsel would further submit that the respondents 3 to 5 had entered in to the petitioner's property on 27.02.2013 and after throwing away the materials stored in the property, had destroyed the petitioner's hut. Hence, the petitioner had given a complaint, and submitted a representation dated 28.02.2013 to the respondents 1 and 2, seeking proper action to be taken against the respondents 3 to 5.

4. The learned Special Government Pleader representing the respondents would submit that if a specific direction is given to consider the petitioner's representation, the respondents would comply with the same.

6. In such circumstances, without going in to the merits of the petitioner's claim, there shall be a direction to the respondents 1 and 2, to act upon the petitioner's representation dated 28.02.2013, and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above observation the Writ Petition stands disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar jv To 1 The Secretary to the Government, Revenue Department, Fort. St. George, Chennai.

2 The District Collector, Villupuram District.

3 The Tashildar, Kallakurichi, Villupuram.

4 The Revenue Inspector, Indheli Village, Villupuram.

5 The Village Administrative Officer, Mallaikottallam, Villupuram.

W.P.No.7403 of 2013 BR (CO) kk 7/12