Veeraputhiran v. The Collector, District Collectorate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)NO.15738 of 2021 Veeraputhiran :Petitioner .vs.

1.The Collector, District Collectorate, Thoothukudi District.

2.The Joint Commissioner, Land Reforms, District Collectorate, Thirunelvelli.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Thoothukudi District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to conclude the enquiry which was called for through the letter M.R./4952/2020, dated 26.08.2020, within the time stipulated by this Court.

For Petitioner : Mr.C.Masilamani For Respondents : Mr.P.Subbraraj Counsel for the State

O R D E R

************* The Petitioner seeks an expeditious conclusion of the inquiry by the third respondent.

2.The Petitioner states that he is one of the beneficiaries of assignment of land under the Tamil Nadu Land Reforms(Disposal of Surplus Lands)Rules,1965. The Petitioner alleges that the land assigned to him was fraudulently sold by certain third persons . Pursuant thereto, it is alleged that one Jayalakshmi obtained a patta in respect of S.No.679, which the Petitioner says was allotted to him. Therefore, the Petitioner submitted a representation dated 28.11.2013 to the second respondent and, in response thereto, received an inquiry notice from the third respondent dated 26.08.2020. Although the Petitioner attended the enquiry on 3.9.2020, it is stated that no further action has been taken to conclude such inquiry. The present Writ Petition is filed for such purpose.

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3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the third respondent may be directed to conclude the lnquiry on merits within a reasonable time frame.

4.Given the limited scope of the present Writ Petition, it is not necessary to enter any findings on merits. 5.Accordingly, the third respondent herein is directed to proceed with and conclude the inquiry instituted under proceedings bearing letter No.M.R./4952/2020, dated 26.08.2020, within a period of three months from the date of receipt of a copy of this order, after providing a reasonable opportunity to the Petitioner, the rival claimant-Jayalakshmi and any others who would be affected by the outcome of such inquiry.

6.W.P(MD)No.15738 of 2021 is disposed of on these terms, without any order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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 Collector, District Collectorate, Thoothukudi District.

2.The Joint Commissioner, Land Reforms, District Collectorate,Tirunelvelli.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Thoothukudi District.

W.P(MD)NO.15738 of 2021 03.09.2021 RD(14.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/