K.M.Loganathan@Ulaganadhan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.23621 of 2021, 4625 of 2022 and 14970 of 2022 1.K.M.Loganathan 2.N.Selvam ... Petitioner Vs.

1.The Revenue Divisional Officer, Tiruvallur Collectorate Office, Tiruvallur - 602 001.

2.The Thasildhar, Tiruvallur Taluk, Tiruvallur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the 1st respondent in reference No.Na.Ka.1958/2021/A7 dated 06.10.2021 and quash the same. For Petitioners : Mr.K.Balaji For Respondents : Mr.P.Balathandayutham Special Government Pleader

O R D E R

The order dated 06.10.2020 passed by the Revenue Divisional Officer, Tiruvallur, is sought to be quashed in the present writ petition. 2.

The order impugned was passed under Section 133 of Criminal Procedure Code, setting out the facts and circumstances. However, the final portion of the order would indicate that the petitioners are at liberty to submit explanations/objections to the Revenue Divisional Officer/Sub-Divisional Magistrate,Tiruvallur and appear before him on 11.10.2021 at 11.00.A.M. 3.

The petitioner has submitted the explanations, but subsequently filed the present writ petition.

4.

The Authorities have not formed any final opinion and passed the orders. Certain facts narrated in the impugned order dated 06.10.2021 cannot be construed as conclusive, since an opportunity has been provided to the writ petitioners to submit their explanations. The petitioners have also submitted their explanations.

5.

That being so, the 1st respondent is directed to fix a date and time for conducting the enquiry, by issuing notice to all the parties. Thereafter, the 1st respondent shall conduct an enquiry and pass appropriate orders on merits and in accordance with law as expeditiously as possible. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this Order. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 02.02.2024 veda Index : Yes / No Speaking order / Non-Speaking Order To 1.The Revenue Divisional Officer, Tiruvallur Collectorate Office, Tiruvallur - 602 001.

2.The Thasildhar, Tiruvallur Taluk, Tiruvallur District.

S.M.SUBRAMANIAM, J.

veda W.P.No.22374 of 2021 02.02.2024 2/2