P.Karuppiah, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 05.08.2016
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.14179 of 2016 P.Karuppiah ..Petitioner Vs 1.The District Collector, Dindigul District.
2.The Tahsildar, Natham Taluk, Dindigul 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 second respondent to complete the enquiry initiated as per proceedings in Na.Ka.No.1012/2015/a1, dated 13.2.2015 within the time stipulated by this Hon'ble Court. For Petitioner :M/s.J.Anandkumar For Respondents :Mr.S.Kumar Addl.Govt.Pleader
ORDER
Heard both sides.
2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.
3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, he has filed the present Writ Petition praying for passing of an order by this Court in directing the Second Respondent to complete the enquiry initiated as per proceedings, dated 13.2.2015, within the time to be stipulated by this Court.
5.The case of the Petitioner is that in the present case, a patta was issued in the name of a wrong person, who has no connection whatsoever with the land bearing S.No.20/7 in Sendurai Village. When the same was brought to the notice of the Respondents, the Respondents have not completed the enquiry, except the issuance of notice(as required under the Patta Passhttps://hcservices.ecourts.gov.in/hcservices/
Book Act, 1983). The principal stand taken on behalf of the Petitioner is that the Respondents are duty bound to commence the enquiry and complete the same. Hence the Petitioner has filed the present Writ Petition before this Court, for the relief as stated supra.
6.Considering the fact that the proceedings in Na.Ka.No.1012/2015/a1, dated 13.2.2015 is pending before the Second Respondent/The Tahsildar, Natham Taluk, Dindigul District, without any progress or disposal till this date, this Court, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Second Respondent to look into the proceedings initiated in Na.Ka.No.1012/2015/a1, dated 13.2.2015,within a period of one week from the date of receipt of a copy of this order and thereafter, to dispose of the same by passing a reasoned speaking order, on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter.
It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent and the Second Respondent in turn, shall take into consideration of the same at the time of disposal of the proceedings,dated 13.2.2015.The Petitioner is directed to lend his assistance and co-operation in this regard, to the Second Respondent, in disposing of the proceedings, dated 13.2.2015, within the time specified by this Court.
7.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar vsn To 1.The District Collector, Dindigul District. 2.The Tahsildar, Natham Taluk, Dindigul District. +1CC to Mr.J.Anandkumar, Advocate Sr.No.42235 +1CC to Spl.Government Pleader Sr.No.42611 GJM/KBM/12.8.16-2p-5c W.P(MD)No.14179 of 2016 05.08.2016 https://hcservices.ecourts.gov.in/hcservices/