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Madras High CourtWP/23776/2019disposed of

M.Murugan v. The District Collector

2022-02-03Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NO.23776 OF 2019 AND WMP.NO.23653 OF 2019 M.Murugan ... Petitioner Vs

1. The District Collector, Namakkal District, Namakkal Taluk and District

2. The Deputy Zonal Tahsildar, Namakkal Taluk and District

3. The Village Administrative Officer, Thottipatti Village, Namakkal Taluk and District

4. The Village Administrative Officer, Periyapatti Village, Namakkal Taluk and District

5. Bank of Baroda, Rep. by its Chief Manager, Namakkal Branch, Paramathi Road, Namakkal Town, Namakkal

6. K.Maran

7. K.Ravikumar

8. R.Selvaraj

9. S.Ganesan

10. Muthumani Agro Farms, Rep. by its Managing Partner, M.Prakash, No.15/35D3, 3rd Street, Thillaipuram, Namakkal ... Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the first and second respondents from transferring patta in favour of the respondents 6 to 10 with respect to the petitioner's properties situated at Thotiyampatti Village, Namakkal Taluk and District comprised in patta Nos.500, 773, 104, 337, 769, 474 and properties situated at Periyapatti Village, Namakkal Taluk and District comprised in patta Nos.1377, 245, 815, 4065.

For Petitioner :

Mr.M.Sridhar For Respondents For R1 to 4 :

Mr.P.Baladhandayutham, Special Government Pleader For R5 :

Mr.E.Vijayaraghavan For R6 to 9 :

Mr.S.Senthil

ORDER

This writ petition is filed for direction forbearing the first and second respondents from transferring patta in favour of the respondents 6 to 10 with respect to the petitioner's properties situated at Thotiyampatti Village, Namakkal Taluk and District comprised in patta Nos.500, 773, 104, 337, 769, 474 and properties situated at Periyapatti Village, Namakkal Taluk and District comprised in patta Nos.1377, 245, 815, 4065.

2. Heard, Mr.M.Sridhar, the learned counsel for the petitioner, Mr.P.Baladhandayutham, Special Government Pleader appearing for respondents 1 to 4, Mr.E.Vijayaraghavan, the learned counsel for the fifth respondent and Mr.S.Senthil, the learned counsel for respondents 6 to 9.

3. Without expressing any opinion on merits of the writ petition, respondents 1 & 2 are directed to conduct enquiry on the representation of the petitioner dated 22.01.2019 and 29.04.2019 and, after issuance of notice to the petitioner and counter parties, if any, and giving them opportunity of hearing, pass orders in respect of transferring patta in favour of respondents 6 to 10 with respect to the petitioner's properties situated at Thotiyampatti Village, Namakkal Taluk and District comprised in patta Nos.500, 773, 104, 337, 769, 474 and properties situated at Periyapatti Village, Namakkal Taluk and District comprised in patta Nos.1377, 245, 815, 4065, on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

4. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar lok To

1. The District Collector, Namakkal District, Namakkal Taluk and District.

2. The Deputy Zonal Tahsildar, Namakkal Taluk and District.

3. The Village Administrative Officer, Thottipatti Village, Namakkal Taluk and District.

4. The Village Administrative Officer, Periyapatti Village, Namakkal Taluk and District.

5. The Chief Manager, Bank of Baroda, Namakkal Branch, Paramathi Road, Namakkal Town, Namakkal.

+1cc to M/s.S.Senthil, Advocate, S.R.No.7499 +1cc to M/s.M.Sridhar, Advocate, S.R.No.7822 +1cc to the Government Pleader, S.R.No.7384 WP.No.23776 of 2019 PMK(CO) RLP(23/02/2022)