K.Rajendran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and WMP.No.22961 of 2024 K.Rajendran ...
Petitioner vs The District Collector O/o.District Collector Thiruvarur District.
2.The Assistant Director of Panchayat O/o.Department of Panchayat Development District Collector, Thiruvarur District.
3.The Block Development Officer Kodarachery Panchayat union Thriuvarur District.
4.The Assistant Planning Officer (House) District Panchayat Development District Collector, Thiruvarur District.
5. Mr.Selvam ...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents 1 to 4 to conduct inquiry and take action against the 5th respondent for fabricated the documents, commit forgery inorder to getting approval of house under 1/5
PMYA Scheme at S.No83/4, situated Akarai New Street, Ammaiyappan Thiruvarur District inpersuant of petitioner representation dated 01.10.2023. For Petitioner :
Mr.P.Muthamizhselvakumar For Respondents :
Mr.M.Venkateswaran, Spl.GP for R1 and R2.
Mr.P.Gurunathan, AGP for R3 & R4
O R D E R
By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.
2. The grievance of the petitioner is that the property in S.No.83/4, Patta No.488 situated at Akarai New Street, Ammaiyappan, Thiruvarur District registered in D.No.6289/2009, 6290/2009 and 1333/2009 on the file of the Sub Registrar, Thriuvarur, was in possession and enjoyment of the petitioner and paying all the taxes. Suddenly, the 5th respondent started to put a construction in the house site stating funds has been granted under Prime Minister Avash Yojana Scheme. The documents produced by the 5th respondent stated to be fabricated and forged one, the allotment under PMYA scheme is not in the name of the petitioner and sanction is in the name of third party. The 5th respondent colluded with the panchayat officials in obtaining the fabricated documents. Thereby, the petitioner 2/5
approached the respondents by forwarding a representation dated 01.10.2023. Inturn, the 2nd respondent forwarded a letter dated 25.10.2023 to the 4th respondent, for further action, but there is no proper response. Hence, the present writ petition.
3. The learned Special Government Pleader for the respondents submit that the respondents will consider the representation of the petitioner and appropriate orders will be passed within a reasonable period of time.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 and 2 and the learned Government Advocate for the respondents 3 & 4 and perused the materials available on record.
5. In such view of the matter, this Court directs the second respondent to conduct an enquiry with a period of two months from the date of receipt of a copy of this order, after giving notice to the neighbouring land owners and any other interested persons, and forward the report to the 1st respondent/District Collector. In turn, the 1st respondent is directed to pass 3/5
appropriate orders on merits and in accordance with law within a period of twelve weeks thereon.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.08.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The District Collector O/o.District Collector Thiruvarur District.
2.The Assistant Director of Panchayat O/o.Department of Panchayat Development District Collector, Thiruvarur District.
3.The Block Development Officer Kodarachery Panchayat union Thriuvarur District.
4.The Assistant Planning Officer (House) District Panchayat Development District Collector, Thiruvarur District.
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V.BHAVANI SUBBAROYAN , J.
tsh 01.08.2024 5/5