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Madras High CourtWP/44802/2016disposed of

R.D.Rajagopal v. The Revenue Divisional Officer

2017-01-03Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.01.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.44802 of 2016 1.R.D.Rajagopal 2.R.Suguna 3.D.Rajeswari 4.Bal Raj 5.Sounder Rajan .. Petitioners

Versus

1.The Revenue Divisional Officer, Udumalaipettai, Tirupur District.

2.The Thasildar, Madathukulam, Thirupur District.

3.The Assistant Commissioner, Land Reforms, Erode.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to pass orders in respect of the enquiry conducted in pursuance of the proceedings dated 03.09.2015 made in Na.Ka.No.2764/2015/AA within the stipulated time and communicate the same to the petitioners.

For Petitioners :

Mr.S.Senthilnathan For Respondents :

Mr.R.Govindasamy, Special Government Pleader

O R D E R

All the petitioners have come to this Court seeking a direction to the Revenue Divisional Officer/first respondent herein to pass final orders in respect of the pending enquiry conducted on 15.09.2015 in pursuance of the notice dated 03.09.2015 issued to the petitioners.

2.It is a claim of the petitioners that all of them were assigned with lands by proceedings dated 10.05.2002 issued by the Assistant Commissioner, Land Reforms. Pursuant thereto, https://hcservices.ecourts.gov.in/hcservices/

patta was also given to them. Thereafter, they have been in possession of the land in question. Subsequently, these lands were sought to be encroached. Therefore, the petitioners made their representation to the first respondent. On receipt of the representation made by the petitioners, the first respondent decided to hold enquiry to find out whether any encroachment has been made in respect of the lands assigned to the petitioners. Accordingly, notice was issued to the petitioners, calling upon them to take part in the enquiry on 15.09.2015 at about 3.00 p.m. in the office of the first respondent. On receipt of the notice, the petitioners have appeared before the enquiry. But till date, no order has been passed. Therefore, they have been advised to come to this Court.

3.Learned Special Government Pleader, taking notice for the respondents, sought eight weeks time to pass final orders. 4.This Court, considering the fact that the petitioners had already participated in the enquiry on 15.09.2015 and much time has also gone by, hereby directs the first respondent to pass final orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition is disposed of. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vga To 1.The Revenue Divisional Officer, Udumalaipettai, Tirupur District.

2.The Thasildar, Madathukulam, Thirupur District.

3.The Assistant Commissioner, Land Reforms, Erode.

+1cc to Mr.S. Senthil Nathan Advocate, SR No.824. Writ Petition No.44802 of 2016 KJI(CO) GN(19/01/2017) https://hcservices.ecourts.gov.in/hcservices/