Madras High CourtWP/4932/2023disposed of in memo of compromise

Arumugam v. The District Collector

2024-03-14Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.03.2024

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.4932 of 2023 & W.M.P.Nos.4946 and 4948 of 2023 Arumugam .. Petitioner

Versus

1. The District Collector, Collectorate Building Salem

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Salem.

3. The District Revenue Officer, Collectorate Building, Salem.

4. The Deputy Director of Town and Country Planning No.6, Sannathi Street, Subramani Nagar, Sooramangalam, Salem

5. The Tahsildar, Office of the Tahsildar, Vazhapadi

6. The Block Development Officer, Office of the Block Development Office Vazhapadi

7. Baskaran

8. Padmavathi 1/5

9. Vignesh .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the 4th respondent made in Proceedings in Ma.Va.Na.U.U/SemaNo.45/2022 dated 28.06.2022 and quash the same in respect of land in S.F.No.15/2B, to an extent 0.11.50 Hectares situated at Ponnaramatti Post, Vazhapadi Taluk, Salem District. For Petitioner : Mr.N.Umapathi For Respondents : Mr.P.Kumaresan Additional Advocate General Assisted by Mr.Naveenkumar Government Advocate for R1 Mr.P.Balathandayutham for R2 to R6 Mr.M.Mohammed Riyaz for R7 to R9

O R D E R

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records of the 4th respondent made in Proceedings in Ma.Va.Na.U.U/SemaNo.45/2022 dated 28.06.2022 and quash the same in respect of land in S.F.No.15/2B, to an extent 0.11.50 Hectares situated at Ponnaramatti Post, Vazhapadi Taluk, Salem District. 2/5

2. Heard the learned counsels on either side and perused the documents placed on record.

3. On an earlier occasion, viz., 28.02.2023, this Court, upon considering the contention and the materials placed on record, viz., original title deed, had granted an order of Interim Stay by directing the respondent not to alienate the subject property and posted the case on 20.03.2023 for filing counter. Pending Writ Petition, the petitioner has filed the Contempt Petition No.2914 of 2023 on the ground that the respondents 2 to 4 had sold the property to one Arjunan on 15.06.2023 and the 1st respondent/ Registering Authority, despite being informed about the Interim stay being granted by this Court, had registered the documents after getting an illegal gratification.

4. Today, the learned counsel appearing for the petitioner has filed the Memorandum of Understanding entered between the petitioner and the respondents 7 to 9 dated 11.03.2024 and the same has been duly signed by the parties and attested by the Notary. Since the nature of the Writ Petition is with regard to claiming rights in the property, in view of the compromise / Memorandum of Understanding being arrived at, the present 3/5

Writ Petition is disposed of and the consequent Contempt petition was closed (vide separate order).

5. Considering the fact that the writ petition is with regard to the claiming of rights in the property and now, a Memorandum of Understanding has been arrived between the petitioner and the respondents 7 and 9 and the same has been duly signed by the parties and produced before this Court, further, on account of the said Memorandum of understanding, the consequential contempt petition is also closed, the present Writ Petition is disposed of based on the Memorandum of Understanding and the same shall form part of record. Consequently, connected miscellaneous petitions are closed and the memorandum of understanding shall be acted upon. No costs.

14.03.2024 Internet : Yes Index : Yes / No ssd 4/5

N.SATHISH KUMAR, J.

ssd W.P.No.4932 of 2023 & W.M.P.Nos.4946 and 4948 of 2023 14.03.2024 5/5