Madras High CourtWP/7994/2015disposed of

M.Kothandaraman, v. The Secretary,

2015-03-20Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.03.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.7994 of 2015 M.Kothandaraman ..Petitioner Vs.

1. The State of Tamil Nadu Rep. By its Secretary Revenue Department St. George Fort Chennai - 600 009

2. The District Collector Collectorate Villupuram Villupuram District

3. The Revenue Divisional Officer Revenue Divisional Office Santhapettai Thirukovilur Villupuram District 4.M.Chandrasekaran Village Administrative Officer Arakandanallur Town Panchayat Tirukoilur Taluk Villupuram District ..Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 2nd respondent to enquire into the petitioners complaint / representation dated 30.01.2015 in accordance with law within a time frame. For Petitioner : Mr.A.Mohamed Ismail For Respondents : Mr.RAS Senthilvel Additional Government Pleader ------

ORDER

The petitioner seeks for a direction upon the second respondent to enquire into the petitioner's complaint in which the petitioner has made allegations against the Village Administrative Officer, Arakandanallur Village.

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2. According to the petitioner, the Village Administrative Officer, Arakandanallur Village, has preferred a false complaint against the petitioner in Crime No. 245 of 2014 alleging that the petitioner attempted to trespass into the temple lands. It is submitted that the lands are not temple lands, but they are "Paattai Promaboke". The petitioner would state that though the fourth respondent was aware of the classification of the land, he lodged above said false complaint.

3. From the facts placed before this Court by the writ petitioner, it is seen that the land in question is admittedly a Government porampokku. There is allegation of trespass as against the petitioner. The petitioner has to exempt himself from the allegation and in the interregnum, the petitioner cannot seek for any action to be taken against the Village Administrative Officer, who appears to have done his statutory duty. Hence, the relief sought for in the writ petition cannot be granted.

4. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. The Secretary Revenue Department St. George Fort Chennai - 600 009

2. The District Collector Collectorate Villupuram, Villupuram District

3. The Revenue Divisional Officer Revenue Divisional Office Santhapettai Thirukovilur Villupuram District +1 cc to M/s.A.Mohamad Ismail, Advocate,SR.16327 +1 cc to Government Pleader,SR.16057.

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