Petitioner sought a mandamus directing the Sub-Collector to decide his appeal against the Tahsildar's order rejecting his patta claim for land long in his family's possession. The Court directed disposal of the appeal within six weeks after hearing all parties and called for a report on disciplinary action regarding the petitioner's wife.
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W.P. No.5557 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P. No.5557 of 2024
C.Madhaiyan … Petitioner
Vs.
1.The Sub-Collector, Mettur, Salem District.
2.The Tashildhar, Mettur Taluk Office, Mettur, Salem District. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondents to pass orders on petitioner's appeal dated 04.10.2021 against the order of the second respondent in Na.Ka.1381/2021/B3 dated 23.08.2021.
For Petitioner : Mr. V. Elangovan For Respondents : Mr. A. Selvendran, Special Government Pleader.
W.P. No.5557 of 2024
ORDER
This Writ Petition is filed seeking to issue issue a Writ of Mandamus
directing the 1st respondents to pass orders on petitioner's appeal dated 04.10.2021, filed against the order of the 2nd respondent in Na.Ka.1381/2021/B3 dated 23.08.2021.
the petitioner within a period of six weeks, based on which, the 2nd
W.P. No.5557 of 2024
respondent conducted enquiry. However, the 2nd respondent rejected the
claim of the petitioner, by order dated 07.06.2007 on the ground that the petitioner's wife is working in a Panchayat Union School, against which, the petitioner filed a Writ Petition in W.P.No.5590 of 2008 and this Court, by order dated 18.02.2021, allowed the same and directed the respondent
concerned to pass final order after giving sufficient opportunity of hearing to the petitioner. As per the order of this Court, the 2nd respondent initiated proceedings in Na.Ka.No.1381/2021/B3 but, rejected the petitioner's claim by order dated 23.08.2021, against which, the petitioner filed an appeal dated 04.10.2021 before the 1st respondent and the same is still pending.
Hence, the petitioner has once again approached this Court by way of this Writ Petition.
notice for the respondents, submitted that the petitioner's wife is a
W.P. No.5557 of 2024
Government Servant and therefore, the petitioner's claim was rightly
rejected by the 2nd respondent.
mandamus to dispose of the appeal dated 04.10.2021, this Court, without
expressing any opinion with regard to the merits of the case, directs the 1st respondent to issue notice of hearing on the appeal dated 04.10.2021, to
the petitioner and any other parties involved in the appeal and also to the
interested parties/rival claimants/objectors if any, as the case may be and after giving opportunity of hearing to all the parties, dispose of the appeal
and pass orders on merits and in accordance with law, within a period of
six weeks from the date of receipt of a copy of this order.
W.P. No.5557 of 2024
costs.
the 2nd respondent, it is stated that the wife of the petitioner is a public
servant and he has referred a Government Order viz., tUtha; kw;Wk; nghplh; nkyhz;ik Jiw. epy Kot[ myF/ ep/K/? 1(2) gphpt[ murhiz (epiy) vz;/465 ehs; ?27/11/2018/ Further, the letter of the Secretary to Government, Revenue Department in letter No./28725-ep//K/1(2). ehs;/04/07/2000 has also
been referred in which it has been stated that as per Rule 7 (1-A) of the Tamil Nadu Government Servants' Conduct Rules, no Government Servant shall encroach upon Government lands.
this Court within a period of four weeks from the date of receipt of a copy
W.P. No.5557 of 2024
of this order stating as to whether the 2nd respondent has referred the
matter to the competent authority/appointing authority/disciplinary authority of the Department in which, the wife of the petitioner is working and whether any action has been initiated against her as per the Government Servants Conduct Rules.
05.03.2024
Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No
Ksa-2
Note: Issue Order Copy on 05.04.2024.
W.P. No.5557 of 2024
To
2.The Tashildhar, Mettur Taluk Office, Mettur, Salem District.
W.P. No.5557 of 2024
P.VELMURUGAN. J.
Ksa-2
W.P. No.5557 of 2024
05.03.2024
2 issues framed by the court
Should the first respondent be directed to decide the petitioner's pending appeal dated 04.10.2021 against the Tashildhar's patta rejection order?
Whether action under the Government Servants' Conduct Rules was initiated against the petitioner's wife, a Government servant alleged to have encroached on Government land?
2 provisions across 2 enactments
C.Madhaiyan
The Sub-Collector, Mettur, Salem District
The Tashildhar, Mettur Taluk Office, Mettur, Salem District
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
