Gopalakrishnan Nair v. District Collector, Tirunelveli District
2016-08-01
M.VENUGOPAL
body2016
DigiLaw.ai
ORDER : 1. Heard the Learned Counsel for the Petitioner and the Learned Additional Government Pleader for Respondent Nos.1 to 3. 2. Although on behalf of Respondent No.4, the Learned Counsel had filed Vakalat, today, there is no appearance on behalf of Respondent No.4, either in person or through Learned Counsel. 3. According to the Petitioner, his prayer in the Writ Petition is only limited in nature viz., for passing of an order by this Court in directing the Respondents 1 to 3, to consider his representation, dated 10.12.2015 and to conduct proper enquiry in respect of issuance of joint Patta, bearing No.1297 in S.No.287/2 of Sivasailam Village, Ambasamudram Taluk, Tirunelveli District, by considering the Civil Court Decree in O.S.No.204 of 1988 and to remove the name of Fourth Respondent viz., Muthaiah, from the Joint patta, since he has no right or locus standi to retain his name in the joint patta. 4. At this juncture, the Learned Counsel appearing for Respondent Nos.1 to 3 brings it to the Notice of this Court that pursuant to the Representation of the Petitioner, dated 10.12.2015, the District Revenue Officer, Tirunelveli, had issued an enquiry notice, on 05.07.2016, in Ref. No………….. 75/2015, dated 5.07.2016, requiring the Petitioner and the Fourth Respondent to appear on 22.07.2016, at about 4.00 p.m., and further the parties were informed to appear either in person or through Advocate, without fail. That apart, the parties were informed that, if they failed to appear on the aforesaid date and time, then, it would be construed that they are nothing to submit and based on available documents, a final decision would be taken, in the subject matter in issue. 5. Apart from the enquiry Notice, dated 05.07.2016, issued by the District Revenue Officer, Tirunelveli, addressed to the Petitioner and the Fourth Respondent, in the subject matter in issue, the Learned Counsel for the Petitioner is not in a position to appraise this Court about the development/subsequent development/present stage at which the matter stands at present. 6.
5. Apart from the enquiry Notice, dated 05.07.2016, issued by the District Revenue Officer, Tirunelveli, addressed to the Petitioner and the Fourth Respondent, in the subject matter in issue, the Learned Counsel for the Petitioner is not in a position to appraise this Court about the development/subsequent development/present stage at which the matter stands at present. 6. Considering the fact that the Petitioner's representation, dated 10.12.2015, in the subject matter in issue, was attended to by the District Revenue Officer, Tirunelveli and pursuant to the same an enquiry notice was issued to the respective parties on 22.07.2016 at about 4.00 p.m., and also this Court is very much handicapped to know about the further detail/progress made in the enquiry, at this stage, this Court, without precipitating the matter any further and also not delving deep into the merits and contents of the representation of the Petitioner, dated 10.12.2015, simpliciter, in furtherance of substantial cause of justice, directs the District Revenue Officer, Tirunelveli, to complete the enquiry, in the subject matter in issue, within the period of four weeks from the date of receipt of a copy of this order (if not already completed), (of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice) 7. The petitioner and the Fourth Respondent are directed to render assistance and co-operation to the District Revenue Officer, Tirunelveli, so as to enable him to complete the enquiry, within the time determined by this Court, if not already completed. Further, The Petitioner and the Fourth Respondent are directed to furnish copies and relevant records/documents, if the District Revenue Officer, Tirunelveli, is in requirement of the same. 8. With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.