Disposed

N.Bagavathy v. The District Collector

Madras HC5 May 2023WP/13352/2023

Case brief

AI extract

What is this about?

Petitioner seeks mandamus for the Revenue Divisional Officer to conduct an enquiry regarding property rights within four months, citing a previous court direction. The court directs the enquiry without adjudicating merits and maintains status quo pending completion.

What did the court decide?

Direction to the second respondent to conduct an enquiry within four months and maintain status quo pending completion.

N.Bagavathy Vs The District Collector — Writ and Judicial Review | Madras HC (2023)

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W.P.No.13352 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.05.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA

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W.P.No.13352 of 2023

N.Bagavathy

... Petitioner

Vs.

1.The District Collector, O/o. The District Collector, State Bank Road, Coimbatore – 641 018.

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2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Coimbatore North, Kavundampalayam, Coimbatore – 641 030.

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3.J.Durairaj

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the second respondent to conduct the enquiry as stated in order dated 30.08.2022 passed in W.P.No.23070 of 2022, expeditiously and for any other relief or relief that may be appropriate in the present circumstances of this case.

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For Petitioner : Mr.C.Deepak Kumar For Respondents : Ms.R.L.Karthika 1 and 2 Government Advocate

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https://www.mhc.tn.gov.in/judis

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W.P.No.13352 of 2023

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ORDER

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The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the second respondent to conduct an enquiry as stated in order dated 30.08.2022 passed in W.P.No.23070 of 2022, as expeditiously as possible.

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It is the case of the petitioner that when she earlier filed W.P.No.23070 of 2022 seeking a direction to the Commissioner of Police to provide police protection to her for enjoying the property comprised in S.F.No.492/1A at Telungupalayam Village, Coimbatore North Taluk, Coimbatore, this court vide order dated 30.8.2022, while dismissing the writ petition, directed the parties to agitate their rights before the Revenue Divisional Officer and further directed the Revenue Divisional Officer to conduct an enquiry within a period of four months. It is stated that pursuant to the aforesaid direction, the petitioner sent representations on 6.1.2023 and 8.3.2023 to the second respondent requesting him to conduct an enquiry in compliance of the order dated 30.8.2022 passed in W.P.No.23070 of 2022. As the said representations did not evoke any response, the petitioner has filed this writ petition.

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https://www.mhc.tn.gov.in/judis

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W.P.No.13352 of 2023

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Ms.R.L.Karthika, learned Government Advocate appearing on behalf of respondents 1 and 2, submitted that, if four months' time is granted, the second respondent will conduct the enquiry in compliance of the direction issued by this court vide order dated 30.8.2022 passed in W.P.No.23070 of 2022 and pass appropriate orders.

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In view of the submission made by learned Government Advocate, without going into the merits of the matter, the writ petition is disposed of with a direction to the second respondent to conduct an enquiry in compliance of the direction issued by this court vide order dated 30.8.2022 made in W.P.No.23070 of 2022 and pass appropriate orders, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order. It is made clear that till the completion of the enquiry, as directed above, the parties are directed to maintain status quo as on date. There will be no order as to costs. Consequently, W.M.P.No.13052 of 2023 is closed.

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05.05.2023

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Internet : Yes / No Neutral Citation : Yes / No

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bbr/sasi

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https://www.mhc.tn.gov.in/judis

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W.P.No.13352 of 2023

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1.The District Collector, O/o. The District Collector, State Bank Road, Coimbatore – 641 018.

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2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Coimbatore North, Kavundampalayam, Coimbatore – 641 030.

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https://www.mhc.tn.gov.in/judis

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W.P.No.13352 of 2023

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A.D.JAGADISH CHANDIRA.,J

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bbr/sasi

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W.P.No.13352 of 2023

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05.05.2023

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https://www.mhc.tn.gov.in/judis

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N.Bagavathy v. The District Collector

Case brief

What is this about?

What did the court decide?

N.Bagavathy v. The District Collector

Case brief

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What did the court decide?

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