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Madras High CourtWP(MD)/17248/2021disposed of

Chellakkannu. S v. The Revenue Divisional Officer

2021-09-24Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.17248 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.17248 of 2021 S.Chellakkannu ... Petitioner Vs.

1.The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2.Saradhambal 3.Palaniammal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to expedite the enquiry in Na.Ka.A4/2906/2020, dated 10.12.2020 within a stipulated time fixed by this Court. For Petitioner : Mr.K.Baalasundharam For R1 : Mr.K.S.Selva Ganesan Counsel for State

ORDER

The petitioner seeks the expeditious conclusion of the inquiry in Na.Ka.A4/2906/2020.

2.The petitioner states that revenue officials issued an assignment order in respect of the land bearing S.F.No.64/2 of Mullur Village to the second and third respondents herein. The petitioner alleges that the second and third respondents violated the terms of assignment. Therefore, the petitioner submitted a representation before the first respondent seeking cancellation of the assignment. In spite of initiating proceedings in relation thereto, it is stated that such inquiry has not been concluded. 3.Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of the first respondent. He submits that the inquiry did not took place on account of the lock down occasioned by the second wave of the Covid-19 pandemic. Therefore, he states that the first respondent may be directed to conclude the pending inquiry expeditiously.

4.Although the petitioner alleges both irregular assignment and breach of the terms and conditions of assignment, if put on notice, it is likely that the second and third respondents would refute the same. Therefore, in this proceeding, the merits of the matter are https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17248 of 2021 not being examined. These are aspects that should be considered by the first respondent in the pending inquiry after providing a reasonable opportunity to the petitioner and the private respondents herein.

5.Accordingly, without going into the merits of the matter, the first respondent is directed to conclude the pending inquiry in Na.Ka.A4/2906/2020, 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 and the private respondents herein. 6.W.P.(MD)No.17248 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (A.D I) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

+1 CC to M/s.SPL.GP ( SR-30486[F] dated 28/09/2021 ) W.P(MD)No.17248 of 2021 24.09.2021 PS(CO) RS (06.10.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2