M.Chithra v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.8115 of 2024 M.Chithra ... Petitioner /vs./ 1.The Principal Secretary to Government, Revenue Department, Secretariat, St.Fort George, Chennai.

2.The Commissioner of Land Administration, Ezhilagam, Chepakkam, Chennai.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The Revenue Divisional Officer, Aruppukottai Division, 5.The Tahsildar, 1/6

Kariyapatti Taluk, 6.The Village Administrative Officer, Kurandi Village, Kariyapatti Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to conduct fair enquiry and take appropriate departmental action as against the concerned erred officials attached to the 5th respondent's office and 6th respondent, by considering the representation of the petitioner dated 07.11.2023. For Petitioner : Mr.R.Gowrishankar For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner has filed this Writ Petition seeking Writ of Mandamus to direct the respondents 1 to 4 to conduct fair enquiry and take appropriate departmental action as against the respondents 5 and 6 by considering the representation of the petitioner dated 07.11.2023. 2/6

2. Heard Mr.R.Gowrishankar, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader for the respondents.

3. The grievance of the petitioner is that the respondents 5 and 6 have given a bogus patta without hearing the petitioner, based on an unregistered cancellation of sale deed. Despite the petitioner has given a complaint, the respondent authority did not take any action against the respondents 5 and 6. Hence, the petitioner has filed this Writ Petition.

4. Since the petitioner has alleged that the respondents 5 and 6 have not discharged their official functions by fabricating documents by colluding with third parties, the petitioner is entitled to invoke the criminal jurisdiction by way of preferring a complaint against the respondents 5 and 6. But however that will not in any way prevent the official respondents from initiating any action against the respondents 5 and 6, if they come to know that there are prima facie materials to sustain the allegations made by the petitioner. Hence, the respondents 1 to 4 are directed to consider the representation of the petitioner dated 07.11.2023 and pass 3/6

appropriate orders on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. 01.04.2024 Index : Yes / No Internet : Yes / No mm To 1.The Principal Secretary to Government, Revenue Department, Secretariat, St.Fort George, Chennai.

2.The Commissioner of Land Administration, Ezhilagam, Chepakkam, Chennai.

3.The District Collector, Virudhunagar District, Virudhunagar.

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4.The Revenue Divisional Officer, Aruppukottai Division, 5.The Tahsildar, Kariyapatti Taluk, 6.The Village Administrative Officer, Kurandi Village, Kariyapatti Taluk, 5/6

R.N.MANJULA , J.

mm Order made in W.P.(MD)No.8115 of 2024 Dated:

01.04.2024 6/6