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Madras High CourtWP/18494/2014disposed of

R.Devaki v. The District Revenue Officer

2019-03-26Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.18494 of 2014 R.Devaki ..Petitioner Vs 1.The District Revenue Officer Krishnagiri District Krishnagiri 2.The Director of Revenue Administration Krishnagiri District Krishnagiri 3.The Revenue Divisional Officer Krishnagiri Krishnagiri District 4.S.P.Raju R4 impleaded vide order dated 30.01.2018 in WMP.No.1505 /2018 ..Respondents Prayer:- This Writ Petition is filed, under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 3 to take action on the Petitioner's representation dated 01.04.2014.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.B.Anand, Govt. Advocate for R1 to R3.

Mr.V.Raghupathi for R4.

ORDER

This Writ Petition is filed praying to direct the respondents 1 and 3 to take action on the Petitioner's representation dated 01.04.2014.

2. The Petitioner who is the wife of the 4th respondent herein, submits that 4th respondent suppressed the factum of second marriage and committed misconduct and the same is against Rule 12(b)(ii) and Rule 19 of Tamil Nadu State and Subordinate

Service Rules. She preferred a representation on 01.04.2014 to the 3rd respondent/Revenue Divisional Officer, Krishnagiri, to take action against the 4th respondent under Section 19 of the Tamil Nadu Government Servants' Conduct Rules, 1973, and also under the provisions of Tamil Nadu State and Subordinate Services Rules. Since no action taken, she has filed the present writ petition.

3. According to the learned Government Advocate appearing for Respondents 1 to 3, a civil dispute is pending between the parties viz., the Petitioner and her husband 4th respondent, before the civil court. Since the said issue is pending before the civil court, no action is taken so far.

4. The learned counsel for the 4th respondent also fairly concede that the issue before the civil court is pending between the Petitioner herein and the 4th respondent.

5. In view of the above, without going into the merits of the case, the 3rd respondent -Revenue Divisional Officer is directed to consider the representation made by the Petitioner and pass appropriate orders on merits and in accordance with law, after providing opportunity to the 4th respondent. Such orders shall be passed within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar nvsri To 1.The District Revenue Officer Krishnagiri District, Krishnagiri 2.The Director of Revenue Administration Krishnagiri District, Krishnagiri

3.The Revenue Divisional Officer Krishnagiri Krishnagiri District +1cc to Mr.C.Prakasam, Advocate sr.29347 +1cc to Mr.V.Raghupathi, Advocate sr.29059 +1cc to Government Pleader sr.29138 WP.18494 of 2014 ev(co) nr 24/06/2019