Samidurai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Samidurai ... Petitioner Vs.

1.The District Collector District Collector's Office Sathuvachari 632009 Vellore District

2. The District Revenue Officer District Collector's Office Sathuvachari 632009 Vellore District 3.Gangatharan 4.Senthil 5.Kanagaraj 6.Sundarvarthan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent herein to dispose the representation given by the petitioner dated 21.11.2024 within a stipulated period of time prescribed by this Court.

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For Petitioner : Mr.T.Muruganantham for M/s.Sunil Kumar.R For Respondents : Mr.M.R.Gokul Krishnan Addl. Government Pleader - R1 & R2

ORDER

This Writ Petition has been filed for the issue of writ of mandamus directing the 2nd respondent to consider the representation made by the petitioner on 21.11.2024 wherein the petitioner is seeking for taking action against respondents 4 to 6.

2.Heard Mr.T.Muruganantham, the learned counsel appearing on behalf of the petitioner and Mr.M.R.Gokul Krishnan, the learned Additional Government Pleader appearing for the respondents 1 and 2. 3.The case of the petitioner is that he is the Power of Attorney agent of one Samidurai who lives in Malaysia. The said Samidurai is the owner of the subject property. The patta stood in the name of the real owners till 28.03.2024. All of a sudden, by means of fake documents, mutation was done in the revenue records and the property was dealt with by the 3rd respondent. It is alleged that the 3rd 2/4

respondent settled a portion of the property in favour of his wife and the 5th respondent also settled the portion of the property in favour of his mother. Thus a very serious complaint has been made against the Village Administrative Officer, Tahsildar and the Surveyor who are said to have connived with the 3rd respondent and had knocked away the property belonging to petitioner. A representation was made for taking action against the said officials. Since the same was not considered, present writ petition has been filed before this Court. 4.Taking into consideration the facts and circumstances of the case and considering the seriousness of the allegations made in this case, there shall a direction to the petitioner to submit a fresh complaint before the 1st respondent along with all the relevant documents.

On receipt of the same, the 1st respondent shall conduct an enquiry after affording opportunity to the V.A.O, Tahsildar and the Surveyor who have been arrayed as A4 to A6 and orders shall be passed after completion of the enquiry. This process shall be completed by the 1st respondent within a period of twelve (12) weeks from the date of the receipt of the fresh complaint from the petitioner.

N. ANAND VENKATESH, J.

kas 5.This writ petition is disposed of in the above terms. No costs. 05.02.2025 Index : Yes / No kas To.

1.The District Collector District Collector's Office Sathuvachari 632009 Vellore District

2. The District Revenue Officer District Collector's Office Sathuvachari 632009 Vellore District 4/4