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Madras High CourtWP/17948/2020disposed of

P.Gopal v. The District Collector

2020-12-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.17948 of 2020 and WMP No.22262 of 2020 P.Gopal

...Petitioner

Vs.

1 The District Collector Perambalur District Perambalur.

2 The Tashildar Kunnam Taluk, Perambalur District.

3 Mahalingam 4 Chinnadurai 5 Jeyaraj Sivaram 6 Ramesh

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 2nd respondent to implement the order made in W.P.No.13261 / 2020 dated 23.09.2020 passed by this Honourable Court.

For Petitioner :

Mr.M.Rajendiran For Respondents 1 & 2:

Mr.E.Balamurugan Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first and second respondent to implement the earlier orders passed by this Court in W.P.No.13261 of 2020 dated 23.09.2020.

2.

This Court had passed an order in W.P.No.13261 of 2020 by giving a direction to the second respondent to conduct the enquiry and pass final orders within a period of four weeks from the date of receipt of a copy of that order.

3.

The grievance of the petitioner is that this order was not complied with and in the mean time, some rowdy elements got into the property and created a law and order problem. 4.

Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of the first and second respondents circulated the written instructions received by him from the second respondent. It is seen from the written instructions that the representation made by the petitioner seeking for patta was rejected by the second respondent by virtue of proceedings dated 05.11.2020. It is also seen from the written instructions that an attempt made by certain persons to claim right over the property under the name and style of 'Ambedkar Ilaignar Narpani Mandram' was also prevented and a complaint has already been given before the Mangalamedu Police Station and the same is now under investigation.

5.

This Court has taken note of the submissions made by the learned Special Government Pleader and also the written instructions given by the second respondent. The representation made by the petitioner seeking for patta has been rejected by the second respondent through proceedings dated 05.11.2020. If the petitioner is aggrieved by the same, he can work out his remedy in the manner know to law. Insofar as the attempt made by certain persons to take possession of the property, the first and second respondents are directed to ensure that nobody takes illegal possession of the property and if any law and order problem is created, the Inspector of Police of Mangalamedu Police Station is directed to take action against the concerned persons and ensure that peace is maintained. 6.

This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mra

To 1 The District Collector Perambalur District Perambalur.

2 The Tashildar Kunnam Taluk, Perambalur District.

3.

The Inspector of Police Mangalamedu Police Station.

+1 CC to The Government Pleader sr 40080.

+1 CC to Mr.M.Rajendiran, Advocate sr 40251.

W.P.No.17948 of 2020 and WMP No.22262 of 2020 AJB(CO) SP(19/01/2021)