Kumar Processors v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Kumar Processors Represented by its partner V.K.Somakumar S/o.Late M.N.Padmnabhan Nair No.B-27, Gardn of hearts, Manapakkam, Chennai - 600125 ... Petitioner Vs.

1. The District Registrar Department of Registration Tiruppur District

2. The Competent Authority SAFEMA (POP) and NDPS Acts "UTSAV" No.64/1, G.N.Chetty Road Chennai - 600 107

3. R.S.Shanmugam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent, the District Registrar, Tiruppur to consider and dispose of the petitioner representation dated 06.10.2023 with regard to the removal of attachment made by Tahsildar in respect of the petitioner's property bearing site Nos.119 and 120 of Vinayagapuram Layout, Thottipalayam Village, in S.No.766(part), T.S.No.494 (part), measuring an extent of 6600 Sq.ft. within a stipulated period.

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For Petitioner : Mr.Velmurugan for Mr.R.Nageswara Rao For R1 : Mrs.V.Yamunadevi Special Government Pleader For R2 : Mr.M.Ramamoorthy Senior Government Standing Counsel

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 1st respondent, the District Registrar, Tiruppur to consider and dispose of the petitioner representation dated 06.10.2023 with regard to the removal of attachment made by Tahsildar in respect of the petitioner's property bearing site Nos.119 and 120 of Vinayagapuram Layout, Thottipalayam Village, in S.No.766(part), T.S.No.494 (part), measuring an extent of 6600 Sq.ft. within a stipulated period.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 1st respondent to consider the petitioner's representation dated 06.10.2023 within a stipulated time as may be fixed by this Court.

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3. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the 1st respondent. Mr.M.Ramamoorthy, learned Sernior Government Standing Counsel takes notice for the 2nd respondent. Since no adverse order is to be passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

4. 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 1st respondent to consider the representation of the petitioner dated 06.10.2023 and issue notice to the petitioner and the respondents 2 and 3 herein and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. Both the petitioner and the respondents 2 and 3 herein are directed to co-operate for the early disposal of the petitioner's representation and if any one of the party fails to co-operate, the said party will lose their right of ordeal.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 3/6

23.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Registrar Department of Registration Tiruppur District

2. The Competent Authority SAFEMA (POP) and NDPS Acts "UTSAV" No.64/1, G.N.Chetty Road Chennai - 600 107 5/6

P.VELMURUGAN. J.

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