Ravichandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Ravichandran

...Petitioner

Vs.

1.

The District Collector, Thiruvalluvar District, Thiruvallur.

2.

The Thasildhar, Ambattur Taluk, Ambattur, Tiruvalluvar District.

3.

The Village Administrative Officer, Thirumullaivoyal Village, Thirumullaivoyal, Ambattur Taluk, Tiruvalluvar District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the distraint order dated 24.06.2009 on the file of the 2nd respondent and quash the same in so far as application of the same to the petitioner's property bearing plot No.8, comprised in S.No.1160/2A, now 1160/2A3 of Korattur Village, Ambattur Taluk, Ambattur Municipality.

For Petitioner : Mr.T.Sathiyamoorthy 1/5

For Respondents : Mr.P.Sathish, AGP

O R D E R

The petitioner has filed this Writ petition challenging the distraint order dated 24.06.2009 passed by the 2nd respondent under Section 8 of the Revenue Recovery Act.

2. Learned counsel for the petitioner submitted that, the said distraint order dated 24.06.2009 was issued in the name of one S.Kumar Rubber (P) Ltd, however, the same was wrongly executed as against the petitioner, which is not sustainable, as the petitioner is in no way connected with the said S.Kumar Rubber (P) Ltd. Hence, he prayed for appropriate orders.

3. Learned Additional Government Pleader appearing on behalf of the respondents fairly conceded that, the said distraint order was passed against one S.Kumar Rubber (P) Ltd and not against the petitioner and he further submitted that, no property belonging to petitioner will be attached and the distraint order will not be executed as against the petitioner. 2/5

4. Recording the fair submission made by the learned Additional Government Pleader, this Writ petition is closed, as nothing survives for further adjudication in the present Writ petition. No costs. 01.07.2022 skt Speaking Order : Yes/ No Index : Yes/ No To 1.

The District Collector, Thiruvalluvar District, Thiruvallur.

2.

The Thasildhar, Ambattur Taluk, Ambattur, Tiruvalluvar District.

3.

The Village Administrative Officer, Thirumullaivoyal Village, Thirumullaivoyal, Ambattur Taluk, Tiruvalluvar District.

3/5

M.DHANDAPANI,J.

skt 4/5

01.07.2022 5/5