judge velmurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.03.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN

W.P. No. 8522 of 2024
S.Sorna Senthil … Petitioner
Vs. 1. The Director
Survey and Settlement Department
Commissionerrate of Survey and Settlement
No.1, Survey House, Kamarajar Salai Chepauk, Chennai

2. The Director
   Directorate of Vigilance and Anti-Corruption
   DAVC Headquarters
   No.293, MKN Road, Alandur, Chennai – 600 016
3. The District Revenue Officer
   Collectorate of Chennai
   Singaravelar Maaligai
   62, Rajaji Salai, Chennai – 600 001
4. Revenue Divisional Officer
   Chennai (South)
   Guindy Taluk Office Campus
   Chennai – 600 032
5. The Tahsildar, Velacherry
   Velacherry Taluk Office, Chennai
6. The Deputy Inspector of Survey, Velacherry Velacherry Taluk Office, Chennai
7. M.A.Murthy
8. Mrs.Sudha … Respondents
   Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus by directing the 4th respondent to dispose of the proceedings pending with him in Na.Ka.No.A4/3984/2023 based on the petitioner’s representation dated 02.08.2023 and consequently direct them to take stringent action against the eradicating Revenue Officials, the Tahsildar Velachery and the Deputy Inspector of Survey,
   Velachery who were indulge in criminal activities by conspired with the
   7th and 8th respondents and issued patta with respect of the Government
   Land situated at Chennai District, Velachery Village, Velachery Taluk,
   Andal Nagar, Block No.142, Old Survey No.624/9 and 624/30 PT, New Survey No.116 and 117, to an extent of 1200 Sq.ft. each to a total extent of 2400 Sq.ft. worth about 2 Crores within a period fixed by this Court.
   For Petitioner : Mr.M.Elumalai for Mr.K.Karthikeyan
   For RR1, 3, 4, 5 and 6 : Mr.T.Arun Kumar
   Additional Government Pleader
   For R2 : Mr.S.Sugendran
   Additional Public Prosecutor
   ORDER
   This Writ Petition is filed seeking to issue a Writ of Mandamus by directing the 4th respondent to dispose of the proceedings pending with him in Na.Ka.No.A4/3984/2023 based on the petitioner’s representation dated 02.08.2023 and consequently direct them to take stringent action against the eradicating Revenue Officials, the Tahsildar Velachery and the Deputy Inspector of Survey, Velachery who were indulge in criminal activities by conspired with the 7th and 8th respondents and issued patta with respect of the Government Land situated at Chennai District, Velachery Village, Velachery Taluk, Andal Nagar, Block No.142, Old Survey No.624/9 and 624/30 PT, New Survey No.116 and 117, to an extent of 1200 Sq.ft. each to a total extent of 2400 Sq.ft. worth about 2 Crores within a period fixed by this Court.
9. The contention of the petitioner is that though enquiry was conducted, no final order is passed so far.
10. Mr.T.Arun Kumar, learned Additional Government Pleader takes
    notice for the respondents 1, 3, 4, 5 and 6.
11. Since no adverse order is being passed against the respondent 7 and 8, notice to the respondents 7 and 8 is dispensed with.
12. Mr.S.Sugendran, learned Additional Public Prosecutor who takes notice for the 2nd respondent/Directorate of Vigilance and Anti-Corruption submitted that so far no complaint has been received by the 2nd
    respondent in respect of the subject matter. Hence, the petitioner is directed to serve a copy of the complaint given to the 2nd respondent and on receipt of the same, the 2nd respondent is directed to conduct a preliminary enquiry after issuing notice to the petitioner and the respondents 7 and 8 herein and after conducting enquiry, pass orders on merits and in accordance with law, within a period of eight week from the date of receipt of a copy of this order.
13. Though the learned counsel for the petitioner submitted that summons were issued to the petitioner on several occasions and the petitioner also appeared every hearing and submitted the relevant documents, there is no record to show that he presented the relevant documents.
14. However, since this writ petition is filed seeking a simple writ of mandamus to consider the representation, this Court without expressing any opinion with regard to the merits of the case, directs the 4th respondent to consider the petitioner’s representation dated 02.08.2023 and issue a fresh notice to the petitioner, the respondents 7 and 8 herein, interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
15. With the above directions, this Writ Petition is disposed of at the admission stage itself. No costs.
    28.03.2024
    Index : Yes / No
    Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2
    To
16. The Director
    Survey and Settlement Department
    Commissionerrate of Survey and Settlement
    No.1, Survey House, Kamarajar Salai Chepauk, Chennai
17. The Director
    Directorate of Vigilance and Anti-Corruption
    DAVC Headquarters
    No.293, MKN Road, Alandur, Chennai – 600 016
18. The District Revenue Officer Collectorate of Chennai
    Singaravelar Maaligai
    62, Rajaji Salai, Chennai – 600 001
19. Revenue Divisional Officer
    Chennai (South)
    Guindy Taluk Office Campus
    Chennai – 600 032
20. The Tahsildar, Velacherry
    Velacherry Taluk Office Chennai
21. The Deputy Inspector of Survey, Velacherry
    Velacherry Taluk Office
    Chennai
    P.VELMURUGAN. J.
    Ksa-2
    W.P. No. 8522 of 2024
    28.03.2024