G.Kulandaivelu v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.7344 of 2020 and W.M.P.Nos.8778 & 8779 of 2020 1.G.Kulandaivelu 2.Meenambal ... Petitioners Vs.
1.The District Collector, Office of the District Collector, Kancheepuram District, Kancheepuram.
2.The Tahsildar, Office of the Tahsildar, Tambaram.
3.The Revenue Inspector, Office of the Revenue Inspector, Tambaram.
4.The Authorised Officer, Oriental Bank of Commerce, RRL Cluster, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
5.N.Annamalai ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records pertaining to the notification dated 06.02.2020 bearing NA KA 5521/2019 issued by the 2nd Respondent and quash the same and consequently direct the Respondents 1 to 4 restore the possession of the property Flat No.A, 1st Floor, Plot No.5, Shakthi Constructions, Shanshu Avenue, Old Perungalathur Village, Tambaram-Mudichur Road, Chennai - 600 063 immediately to the petitioners.
For Petitioner .. Mr.V.P.Raju For Respondents .. Mr.G.K.Muthukumar, Spl. G.P., for RR1 to 3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The writ petition filed is not maintainable before us and the remedy for the petitioner lies before the jurisdictional Tribunal.
2.In such view of the matter, we are not inclined to entertain this matter. Though the learned counsel for the petitioner submitted that due procedure has not been followed as against the statement made by the learned counsel for the fourth respondent-Bank that all the due procedures have been followed and the petitioner herself has given a letter stating that she would only require time till May, 2020 to hand over the possession, in view of the statement made by the fourth respondent-Bank that the sale has been confirmed long time back followed by the registration and taking possession, we are not inclined to pass orders on merits based upon the same since we have already concluded that the remedy lies before the jurisdictional Tribunal.
3.The writ petition stands closed accordingly. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar raa / kmk To 1.The District Collector, Office of the District Collector, Kancheepuram District, Kancheepuram.
2.The Tahsildar, Office of the Tahsildar, Tambaram.
3.The Revenue Inspector, Office of the Revenue Inspector, Tambaram.
4.The Authorised Officer, Oriental Bank of Commerce, RRL Cluster, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
+2cc to the Government Pleader, S.R.No. 29514 & 29246 W.P.No.7344 of 2020 SSV(CO) GN(09/10/2020)