A.Abdul Aziz v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.9529 of 2016 and WMP No.8559 of 2016 A.Abdul Aziz Headmaster (Retired) Member, School Management Development Committee Government Muslim Urdu High School Gingee - 604 202, Gingee Taluk, Villupuram District.
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Petitioner Vs 1.District Collector, Villupuram District, Villupuram.
2.Sub Collector, Tindivanam, Villupuram District.
3.Revenue Divisional Officer, Tindivanam, Villupuram District.
4.Tahsildar, Gingee Taluk, Gingee, Villupuram District.
5.Headmaster, Government Muslim Urdu High School, Gingee - 604 202, Gingee Taluk, Villupuram District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the first respondent in his Proceedings Na.Ka.No.Aa7/32906/2013 dated 20.02.2016 and quash the same and direct the respondents to allot the land in Survey No.8/1, measuring an extent of 22.5 cents in Gingee Taluk, Villupuram District to the Education Department so as to enable the Education Department to develop building for the 5th respondent School.
For Petitioner : Mr.P.Ganesan for M/s.C.S.Associates For Respondents : Mrs.P.Rajalakshmi, GA
ORDER
This writ petition has been filed challenging the order of the first respondent dated 20.02.2016, whereby, the request of the petitioner to allot the land in S.No.8/1 measuring to an extent of 22.5 cents in Gingee Taluk, Villupuram District belonging to the Government, to the fifth respondent school, was rejected.
2.Though the petitioner raised very many averments, assailing the order impugned in this writ petition, the learned counsel for the petitioner, during the course of arguments, ultimately submitted that it would suffice, if a direction is given to the respondents to consider the representation of the petitioner and pass orders, after enquiry.
3.The learned Government Advocate appearing for the respondents has no serious objection in granting such relief to the petitioner.
4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law, after thorough enquiry and affording an opportunity of personal hearing to all the parties. Such exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is needless to state that the respondents shall take a decision on the petitioner's representation independently, without being influenced by the reasons stated in the order impugned herein. 5.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rk
To 1.District Collector, Villupuram District, Villupuram.
2.Sub Collector, Tindivanam, Villupuram District.
3.Revenue Divisional Officer, Tindivanam, Villupuram District.
4.Tahsildar, Gingee Taluk, Gingee, Villupuram District.
5.Headmaster, Government Muslim Urdu High School, Gingee - 604 202, Gingee Taluk, Villupuram District.
+1cc to Mr.C.S.Associates, Advocate, S.R.No.14898 +1cc to the Government Pleader, S.R.No.15345 W.P.No.9529 of 2016 AK(CO) RRK(04/04/2018)