Kachan v. The Asst. Director Of Agriculture,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN Writ Petition No.15683 of 2021 Kachan .. Petitioner

Versus

1. The Assistant Director of Agriculture Agriculture Department Block Development Office Thellar, Kancheepuram District.

2. The Tahsildar Office of Tahsildar Vandavasi.

3. The Assistant Executive Engineer Tamil Nadu Electricity Board Operation and Maintenance Ponnur, Vandavasi Taluk.

4.Gopi .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 05.02.2021.

For Petitioner :

Mr. T. Sivagnanasambandan For R1 and R2 :

Mr. G. Krishnaraja Government Advocate For R3 : Mr. L. Jaivenkatesh Standing Counsel for TNEB

ORDER

Mr. G. Krishnaraja, learned Government Advocate takes notice for the respondents 1 and 2. Mr. L. Jaivenkatesh, learned Standing Counsel takes notice for the 3rd respondent. By consent

of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2.

This writ petition has been filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 05.02.2021. 3.

According to the petitioner, he has mortgaged his property measuring an extent of 4.04 acres in Sholinganallur Village by means of a sale deed dated 01.10.2019 registered as document No. 4120 of 2019. Subsequently, the petitioner mortgaged the above said property to the 4th respondent by means of a registered mortgage deed dated 13.06.2019. While so, the fourth respondent has approached the respondents 1 and 2 with an application to install apparatus to get solar energy and to get subsidy from the third respondent. According to the petitioner, merely because he has mortgaged the land to the fourth respondent, the fourth respondent cannot claim himself as owner of the property covered in the mortgage and submit the application to permit him to install the apparatus to get solar energy as well as subsidy.

The apprehension of the petitioner is that if the fourth respondent committed any default or contravenes any of the terms and conditions in the matter of installation of the apparatus to get solar energy, as a owner of the land, the petitioner will be made liable to make good the loss caused by the fourth respondent. Therefore, the petitioner has submitted a written representation to the respondents 1 and 2 on 05.02.2021 not to entertain the application submitted by the fourth respondent. It is also stated that the petitioner has filed a suit for permanent injunction against the respondents 3 and 4 before the Sub Court, Cheyyar in O.S. No. 492 of 2019, which is pending. Since the representation dated 05.02.

2021 submitted by the petitioner has not been considered and orders passed till date, he has come forward with this writ petition claiming the above relief.

4.

Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the 3rd respondent.

5.

Considering the limited relief sought in this writ petition, without going into the merits of the case, this Court directs the first respondent respondent to consider the petitioner's representation dated 05.02.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the fourth respondent, within a period of six weeks from the date of receipt of a copy of this order.

6.

Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kj/rsh To

1. The Assistant Director of Agriculture Agriculture Department Block Development Office Thellar, Kancheepuram District.

2. The Tahsildar Office of Tahsildar Vandavasi.

3. The Assistant Executive Engineer Tamil Nadu Electricity Board Operation and Maintenance Ponnur, Vandavasi Taluk.

+1 CC to Mr. T. Sivagnanasambandan, Advocate, Sr.No.37430 +1 CC to Mr. L. Jaivenkatesh, Advocate, Sr.No.37466 +1 CC to The Government Pleader, Sr.No.36927 WP No.15683 of 2021 KSM (CO) CT (08/09/2021