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Madras High CourtWP/23585/2023disposed of

T.Mani v. The District Collector

2023-09-15Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM T.Mani ... Petitioner Vs.

1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Kanchipuram Taluk Office, Taluk Office Complex, Kanchipuram - 631 501.

3.The Revenue Divisional Officer, Kanchipuram District Collectorate, Kanchipuram - 631 501.

4.The Inspector of Police, B2 Vishnu Kanchi Police Station, Kanchipuram.

5.Sri.S.Ranganathan 6.Sri.V.Annamalai 7.Sri.D.Ramachandan

8.Sri.A.Dhasarathan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to conduct an enquiry pursuant to the petitioner's representation dated 15.07.2023 and take action against the 5th respondent for land grabbing the Petitioner's Plots bearing Door No.23, T.S.No.106 in Kancheepuram District within the Sub Registration District of Kancheepuram, District Registration of Joint Registrar II Kancheepuram Third Division measuring 570 Square feet and Door No.21/A, T.S.No.1068, Velingapattarai Street, Kancheepuram Town, within the Sub Registration District of Kancheepuram, District Registration of Joint Registrar IV Kancheepuram Third Division measuring 924 Square Feet and file a report before this Court.

For Petitioner : Mr.I.Syed Sibghatulla For Ms.A.Aarthi For R1 to R3 : Mr.G.Krishna Raja Additional Government Pleader For R4 : Mr.S.Vinoth Kumar Government Advocate [Criminal Side] For R5 : Mr.R.N.Kasiviswanatham For R8 : Mr.T.Sathiyamoorthy For R6 & R7 : No Appearance

O R D E R

The relief sought for in the present writ petition is to direct the 3rd respondent to conduct an enquiry pursuant to the petitioner's representation dated 15.07.2023 and take action against the 5th respondent for land grabbing the Petitioner's Plots bearing Door No.23, T.S.No.106 in Kancheepuram District within the Sub Registration District of Kancheepuram, District Registration of Joint Registrar II Kancheepuram Third Division measuring 570 Square feet and Door No.21/A, T.S.No. 1068, Velingapattarai Street, Kancheepuram Town, within the Sub Registration District of Kancheepuram, District Registration of Joint Registrar IV Kancheepuram Third Division measuring 924 Square Feet and file a report before this Court.

2. The petitioner submitted a representation under the Senior Citizen Act to initiate action to protect his life, property and dignity. The said representation was not considered and therefore, the present writ petition is filed.

3. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 made a submission that the Revenue Divisional Officer

has already commenced the enquiry proceedings and is in progress. The enquiry proceedings are to be conducted by affording opportunity to all the parties and orders are to be passed in consonance to the provisions of the Senior Citizen Act.

4. The learned counsel for the petitioner brought to the notice of this Court that the 5th respondent belonged to the political party and is abusing his possession by interfering with the enquiry proceedings so as to cause prejudice to the interest rights of the petitioner.

5. In view of the facts and circumstance, the 3rd respondent / Revenue Divisional Officer is directed to conduct an impartial and fair enquiry un influenced by any factors and pass appropriate orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With these directions, this Writ Petition stands disposed of. No costs.

15.09.2023 Jeni Index : Yes Speaking order To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Kanchipuram Taluk Office, Taluk Office Complex, Kanchipuram - 631 501.

3.The Revenue Divisional Officer, Kanchipuram District Collectorate, Kanchipuram - 631 501.

4.The Inspector of Police, B2 Vishnu Kanchi Police Station, Kanchipuram.

S.M.SUBRAMANIAM, J.

Jeni 15.09.2023