S.M. Arasan @ Magudeeswaran v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.M.Arasan @ Magudeeswaran, The President, Buddha Public Welfare Association.
... Petitioner Vs.
1.The District Collector, O/o.the District Collector, 2.The Revenue Divisional Officer, O/o.the Revenue Division Office, Palani, 3.The Tahsildar, O/o.the Tahsildar Office, Ottanchatram Taluk, Dindigul District, Dindigul.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to complete the enquiry of the respondent No.2 dated 25.02.2014 in Na.Ka.No.774/14/A6 and the enquiry of the respondent No.3 dated 18.08.2015 in Na.Ka.No.13339/15/E3 and cancel the patta given to the ineligible person and consequently direct the respondents to provide patta to the member of petitioner's association mentioned in the petitioner's representation dated 23.08.2020 in Survey No.78/3 situated at Ottanchatram Taluk, Viruppatchi Village, Dindigul District within the time stipulated by the Court.
For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.S.Kameswaran, Government Advocate.
1/3
ORDER
The Writ Petition has been filed in the nature of Mandamus seeking a direction to direct the second respondent / the Revenue Divisional Officer, Palani, Dindigul District to complete the enquiry pending on his file with respect to cancellation of patta, given, according to the petitioner, to an ineligible person and to direct providing patta to the members of the petitioner's Association.
2. Heard Mr.T.Thirumurugan, learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate who appears on behalf of the respondents.
3. In view of the fact that the enquiry is now pending on the file of the second respondent, it would be extremely inappropriate on my part to examine the claims of the petitioner with respect to grant or otherwise of patta and also cancellation of the patta already granted. It is a subject to be decided by the second respondent.
4. Mr.S.Kameswaran, learned Government Advocate states that the enquiry is pending before the second respondent. A Mandamus is issued to the second respondent to follow procedure in manner known to law by issuing notice to all the concerned persons, examining records and completing the enquiry on or before 31.03.2022.
5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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, O/o.the District Collector, 2/3
2.The Revenue Divisional Officer, O/o.the Revenue Division Office, Palani, 3.The Tahsildar, O/o.the Tahsildar Office, Ottanchatram Taluk, Dindigul District, Dindigul.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.SPL GP ( SR-40224[F] dated 23/12/2021 ) 22.12.2021 MGJ(06.01.2022) 3P 6C 3/3