G.Sathyamurthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 5 of 2024

1. G.Sathyamurthy

2. T.V.Mohanan

3. B.Rathinavelu ... Petitioners -vs1. The District Collector Kancheepuram District Kancheepuram - 631 501.

2. The Commissioner HR & CE Commissionerate 119, Uthamar Gandhi Road Nungambakkam, Chennai - 34.

3. The Joint Commissioner HR & CE Department A.K. Thangavelar Street Little Kancheepuram - 631 501.

4. The Executive Officer A/M. Parvadhavarthini Ramalingeswarar Temple Office at Ulagalantha Perumal Koil Kancheepuram - 631 502.

5. T.Sivakumar

6. B.Loganathan

7. A.Kandasamy

8. T.V.Thirunaukkarasu ... Respondents 1/5

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent to consider the representation of the Petitioner dated 30.06.2023 and to direct investigation into the misappropriation of funds by Fifth to Eighth Respondents with respect to the properties in Patta No.24 situated in Thimmarajampettai Village, Wallajahbad Taluk, Kancheepuram District. For Petitioners :

Mr. Avinash Wadhwani For Respondents :

Mr. C.Jayaprakash, Government Advocate (for R1 to R4)

O R D E R

Heard Mr. Avinash Wadhwani, Learned Counsel for the Petitioners and Mr. C.Jayaprakash, Learned Government Advocate, who takes notice for the First to Fourth Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Fifth to Eighth Respondents, notice to them is dispensed with. 2/5

3.

The Writ Petition has been filed for directing the Third Respondent to consider the representation dated 30.06.2023 made by the Petitioners to investigate into misappropriation of funds by the Fifth to Eighth Respondents with respect to the property bearing Patta No.24 in Thimmarajampettai Village, Wallajahbad Taluk, Kancheepuram District.

4.

In response, Learned Government Advocate appearing for the First to Fourth Respondents has filed a memo dated 08.01.2024 stating as follows:- "

It is submitted that the representation of the Petitioner received by the Second Respondent and the same was pending for consideration.

It is submitted that the Second Respondent conclude the enquiry within a period of 6 months"

In view of the same, it shall be ensured by the Second Respondent that appropriate orders are passed on the application made by the Petitioners following the prescribed procedure in consonance with the principles of nature justice within a period of six months from today as undertaken in that memo. The report of such compliance shall be filed by 31.07.2024 before the Registrar (Judicial) of the Court.

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In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

08.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 16.02.2024.

Maya To

1. The District Collector Kancheepuram District Kancheepuram - 631 501.

2. The Commissioner HR & CE Commissionerate 119, Uthamar Gandhi Road Nungambakkam, Chennai - 34.

3. The Joint Commissioner HR & CE Department A.K. Thangavelar Street Little Kancheepuram - 631 501.

4. The Executive Officer A/M. Parvadhavarthini Ramalingeswarar Temple Office at Ulagalantha Perumal Koil Kancheepuram - 631 502.

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P.D. AUDIKESAVALU, J.

Maya 08.01.2024 5/5