Periyasamy.V v. The State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Periyasamy

...Petitioner

Vs.

1. The State represented by the District Collector, Tiruchirappalli.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Musiri, Trichy District.

4. The Deputy Superintendent of Police, Musiri, Trichy District.

5. The Inspector of Police, Police Station, Musiri, Trichy District.

6. Ganesan 7.Saravanan ... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 4 to consider the representation dated 12.11.2020 for appropriate action against the respondent Nos.6 and 7.

For Petitioner : Mr.V.Singan For R-1 to R-5 : Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the respondent Nos.1 to 4 to act upon the representation made by the petitioner on 12.11.2020, wherein, the petitioner has sought to take action against the private respondents on the ground that they have forged and fabricated the signature and seal of the revenue authorities.

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2. The case of the petitioner is that he is a joint owner of the subject property along with the sixth respondent, who is the brother of the petitioner. The sixth respondent filed a suit in O.S.No.352 of 2018, seeking for the relief of partition, before the District Munsif Court, Musiri and the said suit is pending.

3. In the meantime, a representation was given before the Electricity Department, seeking for cancellation of the service connection. According to the petitioner, the sixth and seventh respondents had manipulated the sign and seal of the Village Administrative Officer, Soorampatti and a letter was given before the Department, as if it was issued by the Village Administrative Officer. The Department acted upon this fabricated letter and cancelled the service connection.

4. The petitioner came to know about the same only at a later point of time and hence, he made a complaint to the District Collector. The District Collector by his letter dated, 27.11.2020, directed the second respondent to immediately act upon the complaint and to take action, if it is found that the sign and seal of the Village Administrative Officer has been manipulated. The grievance of the petitioner is that the second respondent did not act upon the same and hence, left with no other option, the present Writ Petition has been filed before this Court seeking for appropriate directions.

5. Heard Mr.V.Singan, learned counsel appearing for the petitioner and Mr.K.P.Narayana Kumar, learned Special Government Pleader appearing on behalf of the respondent Nos.1 to 5.

6. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the second respondent to act upon the complaint given by the petitioner on 12.11.2020 and the directions issued by the District Collector on 27.11.2020 and conduct enquiry by giving an opportunity of hearing to the petitioner and the respondents Nos.6 and 7 and a decision shall be taken within a period of eight

(8) weeks from the date of receipt of a copy of this order.

7. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

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8. The Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Tiruchirappalli.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Musiri, Trichy District.

4. The Deputy Superintendent of Police, Musiri, Trichy District.

5. The Inspector of Police, Police Station, Musiri, Trichy District.

+1 CC to M/s.SPL GP ( SR-15861[F] dated 15/04/2021 ) Order made in Dated:08.04.2021 ( )CO AK(26/02/2021) 3P 7C 3/3