Sivaramankrishnan .K v. The Commisioner / Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19948 of 2022 and W.M.P.(MD)No.14519 of 2022 K.Sivaramakrishnan ... Petitioner /vs./ 1.The Commissioner / Director, Survey and Settlement Department, Government of Tamil Nadu, Survey House, Chepauk, Chennai - 600 005.

2.The Additional Director, O/o. Directorate of Survey and Settlement, Survey House, Chepauk, Chennai - 600 005.

3.The Regional Deputy Director, Survey & Land Records Department, O/o. Regional Survey Office, Madurai Region, Madurai.

4.The Assistant Director, Survey & Land Records Department, O/o District Survey Office, Theni District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records related to the order passed by the 4th respondent, in Na.Ka.A4/3485/2021, dated 13.08.2022 and quash the same as arbitrary and illegal. For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.A.Sivanupandian, Government Advocate.

ORDER

By consent, this Writ Petition is taken up for final disposal.

2. As against the impugned order dated 13.08.2022, an appeal lies before the Regional Deputy Director, Survey & Land Records Department, who is the third respondent herein. The grounds raised by the petitioner herein touches upon the findings of the Enquiry Officer, which can very well be raised before the Appellate Authority. Hence, it would be appropriate to grant liberty to the petitioner to approach the third respondent herein by way of an appeal.

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3. In the light of the above findings, the petitioner is granted liberty to make an appropriate appeal before the third respondent herein within sixty (60) days from the date of receipt of a copy of this order and on receipt of the same, the third respondent herein shall consider all the grounds raised by the petitioner herein and after extending due opportunity to the petitioner, shall pass a speaking order within a period of three (3) months from the date of receipt of the appeal.

4. The writ petition stands disposed of accordingly. No costs. 26.08.2022 vsm Index : Yes / No Internet : Yes/No 3/4

M.S.RAMESH, J.

vsm To 1.The Commissioner / Director, Survey and Settlement Department, Government of Tamil Nadu, Survey House, Chepauk, Chennai - 600 005.

2.The Additional Director, O/o. Directorate of Survey and Settlement, Survey House, Chepauk, Chennai - 600 005.

3.The Regional Deputy Director, Survey & Land Records Department, O/o. Regional Survey Office, Madurai Region, Madurai.

4.The Assistant Director, Survey & Land Records Department, O/o District Survey Office, Theni District.

Order made in W.P.(MD) No.19948 of 2022 Dated:

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