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Madras High CourtWP/32073/2019disposed of

Tejraj B.Kothari v. The District Collector

2019-11-14Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:14.11.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.32073 of 2019 Tejraj B.Kothari .. Petitioner /versus/ 1.The District Collector, Chennai District, Collectorate, Chennai.

2.The District Revenue Officer, Chennai District, Collectorate, Chennai.

3.The Revenue Divisional Officer, North Chennai Revenue Division, R.D.O. Office, Chennai 600 081.

4.The Tahsildar,(Town Survey), Madhavaram Taluk, Madhavaram, Chennai 600 060.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 01.03.2019 pending on the file of the 3rd respondent at the earliest on merits.

For Petitioner :Ms.S.Meenakshi For Respondents:Mr.K.Ravikumar, AGP for R1 to R4

ORDER

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2.Heard Ms.S.Meenakshi, learned counsel appearing for the petitioner and Mr.K.Ravikumar, learned Additional Government Pleader, who takes notice for respondents 1 to 4. 3.This writ petition has been filed to issue Mandamus directing the respondents to dispose of the petitioner's representation dated 01.03.2019 pending on the file of the 3rd

respondent at the earliest on merits.

4.The grievance of the petitioner is that the property owned by the petitioner has now been transferred in the name of Maheswari, Vasanthi, Umapathi and Bhavani through an invalid settlement deed registered on the file of the Sub Registrar Office, Madhavaram. Hence, the petitioner has given a representation to the respondents on 01.03.2019. Pursuant to that, the Revenue Divisional Officer directed the Special Tahsildar, Madhavaram to enquiry into the matter and submit his report. Pursuant to this direction, the Special Tahsildar summoned the petitioner on 28.08.2019. On that day, the petitioner appeared through a learned counsel and submitted all the relevant records to the Special Tahsildar. Inspite of submitting the records, so far no effective action has been taken by the respondents. Hence, the present writ petition is filed for the aforesaid prayer.

5. From the typed set of papers, this Court is able to find that the Revenue Divisional Officer has directed the Special Tahsildar vide proceedings Na.Ka.No.A1/2011/2019 dated 24.06.2019 to enquiry into the complaint given by the petitioner herein. From the affidavit, this Court finds that pursuant to this, the petitioner has participated in the enquiry on 28.08.2019 and he told that the matter is adjourned to 03.09.2019 and thereafter, there is no progress.

6. In such circumstances, this Court is of the opinion that it is suffice to direct the 4th respondent to complete the enquiry initiated pursuant to the proceedings of the third respondent dated 24.06.2019 and pass appropriate orders within a period of eight weeks from today.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar ari To:

1.The District Collector, Chennai District, Collectorate, Chennai.

2.The District Revenue Officer, Chennai District, Collectorate, Chennai.

3.The Revenue Divisional Officer, North Chennai Revenue Division, R.D.O. Office, Chennai 600 081.

4.The Tahsildar,(Town Survey), Madhavaram Taluk, Madhavaram, Chennai 600 060.

+2cc to Mr.M.Vijay Anand, Advocate, S.R.No. 94384 W.P.No.32073 of 2019 GP(CO) GN(18/12/2019)