BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 22/10/2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.(MD)No.10517 of 2009 Sheikdavood .. Petitioner Vs 1.The District Revenue Officer, Collectorate Building, Sivagangai District. 2.Manikavasagam, Surveyor, Taluk Office, Sivagangai District. .. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to conduct enquiry in the petition dated 21.07.2009 given against the second respondent and dispose the petition within a reasonable time. !For Petitioner ... Mr.P.Ramasamy ^For Respondents ... Mr.Pala Ramasamy Special Government Pleader :ORDER
This Writ Petition has been filed by the petitioner for a Writ of
Mandamus, directing the first respondent to conduct an enquiry against the
second respondent based on the representation of the petitioner dated
21.07.2009, which had been received on 22.07.2009.
2. Heard Mr.P.Ramasamy, the learned counsel appearing for the petitioner
and Mr.Pala Ramasamy, learned Special Government Pleader, appearing for the
respondents.
3. By consent of both the parties, the writ petition is taken up for
hearing and disposal.
4. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that the second respondent
herein had been falsely creating forged and incorrect sketch, in respect of Ward
No.4, Door No.10/3, in Devakottai, Sivagangai District. The learned counsel for
the petitioner had also stated that inspite of several complaints made to the
first respondent, the District Revenue Officer, Sivagangai District, against the
second respondent, no action has been taken, till date.
5. Mr.Pala Ramasamy, learned Special Government Pleader, appearing on
behalf of the respondents, had submitted that the first respondent herein is not
the authority to enquire into the matter to take action against the second
respondent, since the second respondent comes under the control of the Assistant
Director of Survey, Sivagangai District.
6. In view of the submissions made by the learned counsels appearing for
the petitioner, as well as the learned Special Government Pleader appearing for
the respondents, the first respondent, namely, the District Revenue Officer,
Sivagangai District, is directed to consider the representation of the
petitioner, dated 21.07.2009, if he is the appropriate authority to do so, after
giving sufficient opportunity of hearing to the second respondent. In case, the
first respondent is not the appropriate authority, he may forward the
representation of the petitioner, dated 21.07.2009 to the concerned authority,
for necessary action. If the first respondent is the appropriate authority, the
process of enquiry may be made, as requested by the petitioner and an
appropriate order may be passed thereafter, expeditiously.
The Writ Petition is disposed of with the above directions. There shall
be no orders as to costs.
DP
To
1.The District Revenue Officer,
Collectorate Building,
Sivagangai District.
2.Manikavasagam,
Surveyor,
Taluk Office,
Sivagangai District.