P.Kalaivani v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD).Nos.2 of 2012 and 1 of 2013 and W.M.P.(MD)No.15627 of 2019 P.Kalaivani ... Petitioner Vs.

1.The District Collector, Tiruchirapalli.

2.The District Officer, District Office of the Adi Dravidar and Scheduled Tribe Welfare Office, Tiruchirapalli.

3.The Special Tahsildar, Adi Dravidar and Scheduled Tribe and Land Acquisition Officer, Tiruchirapalli.

4.K.Rajesh Kanna ... Respondents (R4 impleaded as per order, dated 22.02.2013, in MP(MD)No.3 of 2013) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent in his proceedings in Na.Ka.W6/39871/2001, dated 31.08.2012 and to quash the same and consequently, to direct the 2nd respondent to conduct the enquiry after following the due procedure contemplated under the law.

For Petitioner : Mr.A.Rahul For R1 to R3 : Mr.P.Thambidurai Government Advocate For R4 : Mr.S.K.Mani *****

O R D E R

The present Writ Petition has been filed challenging the order passed by the second respondent herein under which the petitioner and others were called for an enquiry relating to the alleged irregularities in grant of patta to Adi Dravidar people. 1/3

2.The learned Counsel for the petitioner submitted that without furnishing the copy of the complaint they have been called for an enquiry en masse. If the allegations are found as against the individuals, they should be called independently and such en masse action on the part of the Statutory authority is not legally sustainable.

3.Per contra, the learned Counsel for the respondents contended that because of the interim orders granted by this Court, the enquiry could not be proceeded with.

4.I find that the petitioners have been called only for an enquiry relating to alleged irregularity in the grant of patta. 5.Without furnishing a copy of the complaint, if the petitioners are being called for an enquiry, that would be against the principles of natural justice. However, the impugned notice under which the petitioners are called for an enquiry is sustained. The second respondent is directed to furnish a copy of the compliant to the petitioner and thereafter, proceed with the enquiry. 6.With the above said observation, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // /07/2022 Sub Assistant Registrar(CS) Tmg Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The District Collector, Tiruchirapalli.

2.The District Officer, District Office of the Adi Dravidar and Scheduled Tribe Welfare Office, Tiruchirapalli.

3.The Special Tahsildar, Adi Dravidar and Scheduled Tribe and Land Acquisition Officer, Tiruchirapalli.

+1 CC to M/s.SPL.GP ( SR-28000[F] dated 24/06/2022 ) Order made in 23.06.2022 SS/04/07/2022/ 3P 5C 3/3