Madras High Court
- vs - on 12 June, 2019
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.06.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.13222 of 2019
P.T.Narayanamoorthy ...Petitione
-Vs-
1.The District Collector,
Sivagangai,
Sivagangai District.
2.The Revenue Divisional Officer,
Sivagangai,
Sivagangai District.
3.The Tahsildar,
Thiruppuvanam,
Sivagangai District.
4.T.Ganeshamurthy ...Respondents
Prayer: Writ Petition - filed under Article 226 of Constitution of
India, to issue a writ of Mandamus, directing the 2nd respondent to
complete the enquiry within a time limit fixed by this Court.
For Petitioner : Mr.B.Ravi
For Respondents : Mr.C.M.Mari Chelliah Prabhu,
AGP for RR1 to 3
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the 2nd respondent to complete the enquiry within a time http://www.judis.nic.inlimit fixed by this Court. 2
2.Heard Mr.B.Ravi, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent in this writ petition, notice to the 4th respondent is dispensed with.
3.With regard to the change of patta of the petitioner's land at S.Nos.132/4 and 27/14B situated at Allinagaram village, Thiruppuvanam Taluk, Sivagangai District, enquiry has been pending with the 2nd respondent from 2017 onwards. At number of times, there had been notices from the 2nd respondent office to the petitioner as well as the 4th respondent to appear in the enquiry and whenever such notices are issued by the 2nd respondent office, only the petitioner appeared and the 4th respondent never turned up. In this regard, last such notice was issued on 27.05.2019, which reads thus:
“,Wjp tprhuiz miHg;ghiz bghUs; : gl;lh – rptfq;if khtl;lk; - jpUg;g[tdk; tl;lk; - my;ypefuk; FU:g; ej;jk; g[y vz;.132/4 kw;Wk; eQ;ir g[y vz;. 27-14B nghyp Mtzq;fs; K:yk; - gl;lh khw;wpaij uj;J bra;af; nfhUtJ – bjhlh;ghf.
ghh;it : jpUg;g[tdk; tl;lhl;rpah; fojk; m3/192/2014 ehs; 13.6.2014.
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http://www.judis.nic.in 3 rptfq;if khtl;lk> jpUg;g[tdk; tl;lk> my;ypefuk; FU:g; ej;jk; g[y vz;.132/4 kw;Wk; eQ;ir g[y vz;.27-14B nghyp Mtzq;fs; K:yk; gl;lh khw;wpaij uj;J bra;af; nfhhp tug;bgw;w kD bjhlh;ghf tprhuiz bra;a ntz;oapUg;gjhy;> jq;fs; iftrKs;s Mtzq;fSld; 03.06.2019 md;W gpw;gfy; 3 kzpf;F rptfq;if tUtha; nfhl;lhl;rpah; Kd;ghf M$uhf nfl;Lf; bfhs;sg;gLfpwhh;fs;. M$uhfj; jtWk; gl;rj;jpy;> iftrk; cs;s Mtzq;fspd; mog;gilapy; cj;jut[ gpwg;gpf;fg;gLk; vd;gJ bjhptpf;fg;gLfpwJ.”
4.Even in respect of such notice, only the petitioner appeared before the 2nd respondent and even that time also, 4th respondent did not turn up. However, the 2nd respondent has not completed the enquiry and kept it pending for years together without passing final order. Therefore, the petitioner is before this Court.
5.I have heard the learned Additional Government Pleader appearing for the respondents 1 to 3, who would submit that, despite several notice, the parties are not cooperating, especially, the 4th respondent and last such notice, when it was issued on 27.05.2019, even for the said notice also, the 4th respondent did not turn up and that is the reason why the enquiry could not have been completed and it is kept pending.
http://www.judis.nic.in 4
6.I have considered the submissions made by both sides and perused the materials placed before this Court.
7.Once notice is issued to the parties concerned by the revenue department, the parties, on receipt of the same shall appear before the authorities concerned and put forward their case by filing documents available with them. When they failed to appear before the revenue department, it is for the authorities concerned of the revenue department to take decision based on the available records. Here, the case on hand, number of notices had been given. But, it seems that the 4th respondent has not appeared and as the last notice also, they had issued last month for the enquiry fixed on 03.06.2019, it seems that the 4th respondent had not appeared.
8.In the above circumstances, the respondents, especially, the 2nd respondent need not wait for the 4th respondent any more and he can pass suitable orders based on the available records. However, since the 4th respondent is also a party here and he has not been heard, this Court is inclined to give one more chance to the 4th respondent. Accordingly, the following orders are passed in this writ petition:
“The 2nd respondent shall issue a final notice to http://www.judis.nic.in both the petitioner as well as the 4th respondent and 5 after ensuring that notice to be issued by the 2nd respondent is served on both sides and on the date mentioned for enquiry in the said notice to be issued, if either the 4th respondent or the petitioner do not appear, unmindful of the same, the 2nd respondent shall proceed to complete the enquiry and pass orders on the issue raised before him in accordance with law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
9.With this observation and direction, this writ petition is disposed of. No costs.
12.06.2019
Index : Yes/No
Internet : Yes/No23
Arul
To
1.The District Collector,
Sivagangai,
Sivagangai District.
2.The Revenue Divisional Officer,
Sivagangai,
Sivagangai District.
3.The Tahsildar,
Thiruppuvanam,
Sivagangai District.
http://www.judis.nic.in
6
R.SURESH KUMAR ,J.
Arul
Order made in
W.P.(MD)No.13222 of 2019
Dated:
12.06.2019
http://www.judis.nic.in