Kalimuthu.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.9901 of 2022 C.Kalimuthu ... Petitioner v.

1.The District Collector, Ramanathapuram District, 2.The Revenue Divisional Officer, Ramanathapuram Revenue Division, 3.Vijayarani 4.The Superintendent of Police, Ramanathapuram District.

... Respondents [R.4 suo-motu impleaded vide order dated 01.07.2022] Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to 1/6

conduct an enquiry through the second respondent in respect of the incidents took place on 14.06.2022 at S.No.369, Valangaapuri Village, Thamaraikulam Panchayat, Rettaioorani Group, Ramanathapuram District, as averred in the petitioner's representation dated 18.06.2022. For Petitioner : Mr.B.Senthilkumar For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R.1, R.2 Mr.Porkodi Karnan for M/s.Polax Legal Solutions for R.3 Mr.P.Kottaichamy, Government Advocate (Crl. Side) for R.4 *****

ORDER

The petitioner claims that her father, a Srilankan refugee, was assigned with a land of five acres in Valangaapuri Village, Thamaraikulam Panchayat, Rettaioorani Group, Ramanathapuram District. The original allotment was made in favour of the petitioner's father and the father-in-law of the third respondent. After the demise of the petitioner's father, the petitioner has put 2/6

up a house and residing in that house. While so, the third respondent, with the help of Police and some revenue officials, has demolished the house and has thrown away the petitioner. In this regard, the petitioner has lodged a complaint before the District Collector and alleging inaction on the part of the District Collector, the petitioner has moved this writ petition. 2.Learned Additional Government Pleader, on instructions, submitted that the complaint of this petitioner has been forwarded to the Revenue Divisional Officer for conducting enquiry. He further submitted that the enquiry would be completed and orders would be passed within a reasonable time.

3.Learned Counsel for the third respondent submitted that though the land was originally allotted to the petitioner's father, it was abandoned by him and thereafter, the land was reassigned to the third respondent's family. 4.This Court considered the rival submissions made by the respective parties.

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5.It is now reported that on the petitioner's complaint, an enquiry is being conducted by the Revenue Divisional Officer / second respondent. The petitioner has made allegations as against the police and revenue officials. Therefore, the Revenue Divisional Officer has to conduct the enquiry in a proper and fair manner and to take appropriate decision, after affording due opportunity of hearing to the petitioner, the third respondent and the other parties concerned, if any, within a period of eight weeks from the date of receipt of a copy of this order.

Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 12.09.2023 NCC :

Yes / No gk To 1.The District Collector, Ramanathapuram District, 4/6

2.The Revenue Divisional Officer, Ramanathapuram Revenue Division, 3.The Superintendent of Police, Ramanathapuram District.

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B.PUGALENDHI, J.

gk 12.09.2023 6/6