Kalaivani.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Kalaivani ... Petitioner Vs.

1.The District Collector, Thanjavur District.

2.Vennila, The Zonal Deputy Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.

3.Senthilkumar, Formerly the Zonal Deputy Tahsildar, Thiruvaiyaru Taluk, Thanjavur 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 1st respondent to take action and departmental proceedings against the 2nd and 3rd respondents based on the petitioner's representation dated 31.08.2022. For Petitioner : Mr.M.Vivek For Respondents : Mr.R.Suresh Kumar, Addl. Government Pleader.

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ORDER

Heard the learned counsel on either side.

2.The petitioner has given a complaint before the first respondent for taking action against the second and third respondents. I have consistently taken a view that whether to take action against subordinate officials or not is the matter that is left to the discretion of the competent authority and that it is not open to this Court to issue any positive direction. I do not want to depart from the said approach.

3.Leaving it open to the discretion of the first respondent to take a call on the petition mentioned complaint, the writ petition is disposed. I however place on record the submission made by the learned Additional Government Pleader that if the petitioner submits an on-line application and appears before the Tahsildar, Thiruvaiyaru in person on 07.11.2021 at 10.30 am along with relevant documents, appropriate action in accordance with law for issuance of patta will be taken.

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4.The writ petition is disposed of accordingly. No costs. 01.11.2022 Index : Yes / No Internet : Yes/ No ias To:

The District Collector, Thanjavur District.

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G.R.SWAMINATHAN, J.

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