P. George Raj v. The Govt. Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:21.01.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.28308 of 2005 and W.P.M.P.No.30811 of 2005 P.George Raj ... Petitioner

Versus

1.The Government of Tamil Nadu, Rep.by its Secretary to Government, Home (Courts - I A) Department, Fort St.George, Chennai -600 009.

2.The Additional Commissioner, (Competent Authority), Land Administration, Tamil Nadu Protection & Interest of Depositors (TNPID), Chepauk, Chennai.

3.The District Collector, Nagarcoil, Kanyakumari District.

4.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.

5.The Village Administrative Officer, Kurunthancode Village, Kalkulam Taluk, Kanyakumari District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondents, especially the first respondent relating to his proceedings made in G.O.Ms.No.352, Home (Court II A) dated 24.04.2002 and quash the same as null and void, illegal and invalid in so far as the 'on record' or 'Out of record' proceedings 'if any' against the petitioner's properties, viz:- (i) 35 cents in R.S.No.485/9 of

Kurunthencode Village and (ii) door No.3/92 J/1 situates in R.S.No.275/1 to an extent of 9 cents in Kurunthencode Village and consequently directing the first and second respondents 'to notify' exempting the said properties from attachment or other proceedings 'if any' so as to effectively enjoy the same by the petitioner besides refunding the rentals collected from June, 2002 with interest at the rate of 18% per annum to the petitioner.

For Petitioner : Mr.A.Amalraj For Respondents : Mrs.R.Janaki Addl. Govt.Pleader for R1 to R5

O R D E R

On account of the Constitution of the Special Court constituted under the provisions of the TNPID Act, the grievances of the writ petitioner ought to be redressed before the Competent Special Court.

2. In view of the fact that the properties were already left out from the provisions of the Act, no further adjudication is required in the writ petition. Accordingly, the writ petition stands closed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn To 1.The Secretary to Government, Government of Tamil Nadu, Home (Courts - I A) Department, Fort St.George, Chennai -600 009.

2.The Additional Commissioner, (Competent Authority), Land Administration, Tamil Nadu Protection & Interest of Depositors (TNPID), Chepauk, Chennai.

3.The District Collector, Nagarcoil, Kanyakumari District.

4.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.

5.The Village Administrative Officer, Kurunthancode Village, Kalkulam Taluk, Kanyakumari District.

W.P.No.28308 of 2005 SR(CO) CSL/18.02.2019