Madras High CourtWP/11897/2021dismissed

M.Rajendran v. The District Collector

2021-05-13Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.05.2021 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.11897 of 2021 and W.M.P.No.12647of 2021 M.Rajendran ...

Petitioner -Vs1 The District Collector Vengikkal Thiruvanamalai District- 606604.

2 The District Revenue Officer Vengikkal Thiruvanamalai District- 606604.

3 The Tahsildar Kottaimoolai Vandhavasi Taluk Thiruvanamalai District.

4 The Village Administration Officer Ponnur Village Vandhavasi Taluk Thiruvanamalai District.

5 The Sub Registrar Vandhavasi Taluk Thiruvanamalai District- 604408.

6 The Authorised Officer Indian Bank Zonal Office STR BSNL Building Vellore Road Thiruvannamalai.

7 M.Kannan S/o.Muthukan No.9516 NHB Ayappakkam Chennai- 600 077.

...

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents 1 to 4 from transferring patta in favour of the 7th respondent with respect to the petitioners agricultural land comprised in survey No.636/ 3B Situated at ponnur Village Vandhavasi Taluk Thiruvannamalai District measuring an extent of 43.00 cents.

For Petitioner : Mr.M.Sridhar For Respondents : Mr.M.Elumalai, Additional Government Pleader for R1 to R5

O R D E R

Mr.M.Elumalai, learned Additional Government Pleader accepts notice for respondents 1 to 5.

2. Following due procedure contemplated under the SARFAESI Act, the lands of the petitioner had been brought in auction and the seventh respondent has been confirmed as the successful bidder and the land has also been transferred in favour of the seventh respondent. The matter is still pending before the Debts Recovery Tribunal concerned.

3. In the meanwhile, the grievance of the petitioner is that the seventh respondent, pursuant to the purchase of land, is trying to transfer patta, which is a document maintained by the Revenue Authorities.

4. In the considered opinion of this Court, the writ petition is not maintainable. Let the petitioner approach either the Debts Recovery Tribunal concerned or the Revenue Authorities.

5. The writ petition is dismissed. No costs. Consequently, the connected WMP is also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar RS/KST To 1 The District Collector Vengikkal Thiruvanamalai District- 606604.