Shanmugiah E v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.02.2022
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)NO.2301 OF 2022 E.Shanmugiah :Petitioner .vs.
1.The District Collector, Tenkasi District, Tenkasi.
2.The District Adhi Dravidar Welfare Officer, Adhi Dravidar Welfare Office, Tenkasi District, Tenkasi.
3.The District Revenue Officer, Office of the District Revenue Officer, Tenkasi.
4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarankoil, Tenkasi District.
5.The Special Tahsildar, Adhi Dreavidar Welfare Officer, Sankarankoil Taluk, Tenkasi District.
6.Muniyammal 7.Shanmugathai : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 5 to initiate enquiry into the allotment of free shop patta to the respondent 6 and 7 and conclude the same within the time stipulated by this Court and thereby cancel the patta in the event of finding the allottees ineligible in consideration to 1/3
the representations of the Petitioner, dated 15.2.2021 and 12.11.2021.
For Petitioner :Mr.K.Jeyamohan For Respondents :Mr.P.Subburaj 1 to 5 Special Govt.Pleader
O R D E R
********* (Order of the Court was made by PUSHPA SATHYNARAYANA,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 5 to initiate enquiry into the allotment of free shop patta to the respondent 6 and 7 and conclude the same within the time stipulated by this Court and thereby cancel the patta in the event of finding the allottees ineligible in consideration to the representations of the Petitioner, dated 15.2.2021 and 12.11.2021.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.This Court had already passed an order on 1.4.2021 directing the fifth respondent to enquire and complete the proceedings pertaining to the alleged irregularity in granting free shop patta to the private respondents. Pursuant to the order, an enquiry was initiated and said to be pending and no final order is passed. 4.According to the Petitioner, similarly placed two persons namely, the respondents 6 and 7 were allotted with free shop patta when they were already not eligible and seeks for a similar order. 5.Accordingly, we direct the fifth respondent to initiate enquiry into the allotment of free shop patta to the respondents 6 and 7 and conclude the enquiry,after giving them an opportunity of personal hearing within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above direction, the Writ Petition stands closed. No costs.
Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) vsn 2/3
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.
To 1.The District Collector, Tenkasi District, Tenkasi.
2.The District Adhi Dravidar Welfare Officer, Adhi Dravidar Welfare Office, Tenkasi District, Tenkasi.
3.The District Revenue Officer, Office of the District Revenue Officer, Tenkasi.
4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarankoil, Tenkasi District.
5.The Special Tahsildar, Adhi Dreavidar Welfare Officer, Sankarankoil Taluk, Tenkasi District.
+1 CC to M/s.K.Jeyamohan, Advocate ( SR.No.4280) +1CC to SPL.GP(SR.No.4549) W.P(MD)NO.2301 OF 2022 04.02.2022 MGJ(18.02.2022) 3P 8C 3/3