S.Sreedharan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2020 CORAM THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.8931 of 2020 and W.M.P.Nos.10863, 10865 and 10866 of 2020 S.Sreedharan ... Petitioner 1.The District Collector and District Magistrate, District Collector Office, Coimbatore 641 018.

2.The Superintendent of Police, State Bank Road, Coimbatore 641 018.

3.The Revenue Divisional Officer, Kavundampalayam, Coimbatore 641 030.

4.The Tahsildar, Coimbatore North, Dr.Balasundaram Road, Coimbatore 641 018.

5.M/s.Repco Home Finance Ltd., Rep. By its Authorized Officer, Repco Tower, No.33, North Usman Road, T.Nagar, Chennai 600 017.

... Respondents Petition filed under 226 of the Constitution of India to issue a writ of certiorari and to call for the records relating to the impugned order of the first respondent District Collector/Magistrate passed in his proceedings dated 28.03.2020 vide K.Dis.No.17297/2017/E3 and received on 05.06.2020, authorizing the 4 th respondent the Tahsildar, Coimbatore North taluk to take physical possession of the property, the apartment building located in the 6165 Sq.ft of land in S.F.No.730/1 and 730/2 together with Flat No.5, 5/1,2,3,4,5,6,7,8,9 and Roof, Gym/Entertainment Area at Aishrvarya Enclave, Ramalakshmi Nagar, Goldwins, Kalpatti, Vilankurichi, Coimbatore District and quash the same.

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For Petitioner : Mr.Rahul Balaji for Mr.R.Parthasarathy For Respondent : Mr.G.K.Muthukumar, Spl. G.P.

for RR1 to 4 Mr.A.Ilangovan for R5

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Though this writ petition has been filed on the premise that the Debts Recovery Tribunal was not in Session at the time of filing, now, it is informed that the Tribunal has started functioning at full-swing.

2. In such view of the matter, the writ petition stands closed giving liberty to the petitioner to file appropriate application before the Debts Recovery Tribunal having jurisdiction within a period of four weeks from the date of receipt of a copy of this order. However, considering the facts of the case, there shall be status quo as on today till such application is filed. No costs. Consequently, connected WMPs are also closed.

Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar +1cc to the Government Pleader, S.R.No.26476 W.P.No.8931 of 2020 VS(CO) RV(27/08/2020) https://hcservices.ecourts.gov.in/hcservices/