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Madras High CourtWP/16093/2023disposed of

N.Subash Chandran v. The District Collector

2023-05-24Honourable Mr Justice B.Pugalendhi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.05.2023 Coram The Honourable Mr.Justice B.PUGALENDHI N.Subash Chandran

...Petitioner

Versus

1.The District Collector, Krishnagiri, Krishnagiri District.

2.The District Revenue Officer, Krishnagiri, Krishnagiri District.

3.The Sub-Collector, O/o. District Collector, Krishnagiri District.

4.The Tahsildhar, Office of the Krishnagiri Taluk, Krishnagiri District.

5.O.Kullappan 6.A.Veerabadraiah 7.R.Krishnan

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 herein to conduct enquiry in Na.Ka.No.8094/2021/J2 dated 14.09.2021 and dispose the same.

For Petitioner :

Mr.R.Ramesh For Respondents - 1 to 4 :

Mr.P.Balathandayutham, Special Government Pleader

ORDER

Mr.P.Balathandayutham, learned Special Government Pleader takes notice for the respondents 1 to 4. With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The relief sought by the petitioner in this writ petition is to direct the respondents 2 to 4 herein to conduct enquiry in Na.Ka.No.8094/2021/J2 dated 14.09.2021 and dispose the same.

3. The brief facts of the case are as follows: The petitioner's father H.V.Neelakandan was having agricultural lands measuring to an extent of 6.56 Acres comprised in S.Nos.200/A, 198/1B, 205/2, 207, 208/1A & 209/A situated at Mathigiri Circle, Hosur, 2/6

Krishnagiri District, out of which, he sold out certain properties to various persons including respondents 5 to 7. Thereafter, he was in possession and enjoyment of remaining 2.57 Acres of land comprised in S.Nos.205/2A, 2A2, 209/A1, A2, 208/A2A & A2B until his death. After his death, petitioner and his brothers and sisters have become absolute owners of the said 2.57 Acres of land. While so, the petitioner came to know that the Revenue Authorities had wrongly entered the UDR proceedings in respect of said 2.57 Acres of land, in favour of the respondents 5 to 7 and based on such UDR proceedings, the respondents 5 to 7 created a forged Patta and Chitta in their favour. Hence, the aggrieved petitioner made a complaint before the first respondent in Public Grievance Meeting on 11.11.2019.

The first respondent forwarded his complaint to the office of the respondents 2 to 4 to conduct enquiry and to take necessary action over the same, pursuant to which, the fourth respondent issued a summon dated 08.07.2020 to the petitioner, to appear for enquiry on 15.07.2020 at 3.00 p.m. Accordingly, the petitioner appeared before the fourth respondent for enquiry on 15.07.2020. After the completion of enquiry, the fourth respondent forwarded the enquiry report to the second respondent. Then, the second respondent issued a summon dated 14.09.

to appear for enquiry on 21.09.2021 at 3.00 p.m, as per which, the petitioner appeared before the second respondent for enquiry on the said date and submitted all the documents pertaining to the subject land. After the said enquiry, the respondents 2 to 4 have not passed any orders. Hence, the petitioner made a representation to the second respondent, requesting to cancel the UDR proceedings and issue Patta in his favour, but, there was no response for his representation. Therefore, left with no other alternative, petitioner has filed the present writ petition for the relief stated supra.

4. Heard the learned counsel on both sides and perused the materials placed before this Court.

5. Considering the limited relief sought by the petitioner and also, taking note of the fact that the proceedings in Na.Ka.No.8094/2021/J2 dated 14.09.2021 is pending from the year 2021, this Court directs the second respondent to conclude the proceedings in Na.Ka.No.8094/2021/J2 dated 14.09.2021 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. This writ petition is disposed of with the above direction. No costs.

24.05.2023 mrr Index : Yes/No To 1.The District Collector, Krishnagiri, Krishnagiri District.

2.The District Revenue Officer, Krishnagiri, Krishnagiri District.

3.The Sub-Collector, O/o. District Collector, Krishnagiri District.

4.The Tahsildhar, Office of the Krishnagiri Taluk, Krishnagiri District.

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B.PUGALENDHI, J.

mrr 24.05.2023 6/6