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Madras High CourtWP/32209/2018disposed of

V.Krishnamurthy v. The District Collector

2020-09-25Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.32209 of 2018 and WMP Nos.37451, 37452 and 37455 of 2018

1. V.Krishnamurthy

2. P.Rajendiran

...Petitioners

Vs

1. The District Collector, Villupuram District, Villupuram

2. The Block Development Officer, O/o. The Block Development office, Vanur Panchayat, Villupuram District.

3. K.Venkatesan

...Respondents

* * * Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorari, calling for the concerned records relating to the order dated 01/06/2018 made in Na.Ka.No.a2/886/2017 passed by the second respondent and quash the same.

* * * For Petitioners :

Mr.M.Gnanasekar For Respondents-1 & 2 :

Mr.R.S.Selvam Government Advocate For Respondent-3 :

Mr.P.R.Thiruneelakandan

ORDER

This Writ Petition is heard through Video Conference on account of COVID-19 pandemic situation.

2. The prayer in the Writ Petition is to call for the concerned records relating to the order dated 01.06.2018 made in Na.Ka.No.A2/886/2017 passed by the second respondent and quash the same.

3. It seems there was a communication in proceedings in Na.Ka.No.A2/2206/2017 dated 25.07.2018 issued by the Assistant Director (Panchayats), Villupuram, directing the Block Development Officer, Vanur to inspect all the relevant documents and enquire the petitioner as well as the third respondent and then file a report. Admittedly, no such report was filed by the Block Development Officer, till such time the matter was taken up for hearing.

4. Pursuant to the direction of this Court dated 22.09.2020, Mr.Murugan, the Block Development Officer, Vanur, appeared before this Court through Video-conference and also filed his report dated 24.02.2020, though it should have been dated 24.09.2020 and the report is also not very clear and absolutely ambiguous.

5. In such circumstances, it would be suffice to direct the Assistant Director, Panchayats, Villupuram to conduct an enquiry with the petitioner as well as the third respondent, based on the report filed by the second respondent and decide the matter accordingly on merits. The said exercise has to be completed within a period of four weeks from the date of receipt of a copy of this order. The second respondent is directed to place the original of the report before the Assistant Director (Panchayat), Villupuram.

6. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected MPs are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1 The District Collector Villupuram District Villupuram 2 The Block Development Officer O/o. The Block Development office Vanur Panchayat Villupuram District.

Copy to:

The Assistant Director(Panchayat) Villupuram.

+1cc to the Government Pleader, S.R.No.31696 +1cc to Mr.M.Gnanasekar, Advocate, S.R.No.31577 W.P.No.32209 of 2018 and WMP Nos.37451, 37452 and 37455 of 2018 SSD(CO) RV(24/11/2020) RV(07/12/2020)