A.Mohamed Thajudeen v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.15615 of 2015 1.A.Mohamed Thajudeen 2.Mohammed Meera Sahib .. Petitioners Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, Block Development Office, Ramanathapuram 3.The Additional Collector, Tsunami Reconstruction Project.

4.The Tahsildar, Taluk Office, Ramanathapuram.

5.Mrs.Wahidha Jagubur .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioners representation dated 20.11.2013 issued through one of his villagers namely Peer Mohammed and conduct an enquiry against fifth respondent for her misfeasance and malfeasance committed in allotting TSUNAMI house for illegal gain.

For Petitioners : Mr.C.Ramesh for Mr.V.Raghavachari For Respondents 1 to 4: Mr.D.Muruganantham, Additional Government Pleader.

For Respondent No.5 : Mr.T.Lajapathi Roy

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to issue a writ of mandamus so as to direct the respondents 1 and 2 to look into the representation dated 20.11.2013 alleged to have been given by the petitioners. 2.It is averred in the petition that in Valinokkam Village, Kadaladi Taluk, Ramanathapuram District, some houses have been constructed under Tsunami Reconstruction Scheme and with the aidance of one Mrs.Wahidha Jagubar. The said houses have not been properly allotted to beneficiaries. Since some irregularities have been done in allotting houses, on 20.11.2013 a representation has been given to the first respondent viz., District Collector, Ramanathapuram District. But so far no action has been taken. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.

3.Considering the nature of allegations made in the petition and also considering the fact that on 20.11.2013, the petitioners have given a representation to the first respondent viz., District Collector, Ramanathapuram District, wherein certain allegations have been levelled in allotting houses, this Court is of the view to give necessary direction to the first respondent and therefore the present writ petition is liable to be allowed. 4.In fine, this writ petition is allowed without costs and the first respondent viz., District Collector, Ramanathapuram District is strictly directed to look in to the representation dated 20.11.2013 alleged to have been given by the petitioners and pass necessary order within a period of two months, after giving sufficient opportunity to both parties.

Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Block Development Officer, Block Development Office, Ramanathapuram 3.The Additional Collector, Tsunami Reconstruction Project.

4.The Tahsildar, Taluk Office, Ramanathapuram.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.79711 +1 CC to Mr.T.LAJAPATHI ROY, Advocate, SR No.79959 +1 CC to Mr.V.RAGHAVACHARI, Advocate, SR No.79867 ORDER MADE IN W.P(MD)No.15615 of 2015 05.12.2016 smn SH/PV/SAR-2:15.12.2016:3P/8C