Madras High CourtWP(MD)/918/2016disposed of

Rajeshkumar v. The Tahsildar,

2016-01-18Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2016

CORAM:

THE HONOURABLE Mr.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.918 of 2016 and W.M.P.(MD)No.705 of 2016 Rejeshkumar ..Petitioner Vs.

1.The Tahsildar, Aathur Taluk, Dindigul District.

2.Soundiran @ Soundararajan ..Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records in Na.Ka.No.nil/2015/B1, dated nil.12.2015 singed on 29.12.2015 on the file of the 1st respondent and quash the same as illegal, incompetent and without jurisdiction.

For Petitioner : Mr.H.lakshmi Shankar For Respondents : Mr.S.Kumar, AGP for R1 Mr.D.Venkatesh for R2

O R D E R

This Writ petition is filed challenging the proceedings of the 1st respondent dated 29.12.2015, which is nothing but a notice issued by the 1st respondent Tahsildar, calling upon the petitioner to appear for an enquiry on 16.01.2016.

2.Though it is contended that the Tahsildar has no jurisdiction to issue such notice, the fact remains that on 06.01.2016 parties have appeared before the 1st respondent and consequent upon such enquiry, the Tahsildar has sent a report to the Revenue Divisional Officer, Dindigul through proceedings dated 08.01.2016 reporting that it is for the Revenue Divisional Officer to call upon both the parties and conduct an enquiry and pass appropriate orders.

3.The learned Government Advocate produced a copy of the proceedings dated 08.01.2016 issued by the Tahsildar.

4.Therefore, I find nothing survives in this Writ petition to be adjudicated upon on merits except to say that the same has become infructuous on the reason that the enquiry has already over on 06.01.2016 itself.

5.Accordingly, this Writ petition is disposed of without expressing any view on the merits of the contentions raised by the writ petitioner as it is open to the both parties to agitate the matter if any order is passed by the Revenue Divisional Officer pursuant to the report submitted by the Tahsildar dated 08.01.2016. No costs. Consequently, connected W.M.P.is closed.

Sd/- Assistant Registrar(CS-II) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

To The Tahsildar, Aathur Taluk, Dindigul District.

+1cc to Mr.H.Lakshmi Shankar, Advocate in SR.2564 +1cc to Mr.D.Venkatesa, Advocate in SR.2893 +1cc to the Special Government Pelader in SR.2702 W.P.(MD)No.918 of 2016 18.01.2016 nbj PBK/JGB-DP 05.02.2016 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/