Madras High CourtWP/21963/2024disposed of

Rajendran v. The District Collector

2024-08-12Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Rajendran ... Petitioner vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Vanur Taluk, Vanur, Villupuram District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to execute the order dated 16.04.2024 in STC.Nos.613 of 2010 and order dated 18.04.2024 in 638 of 2010 issued by the learned Judicial Magistrate-II, Puducherry. For Petitioner : Mr.R.Sreedhar For Respondents : Mr.A.Selvendran Special Government Pleader 1/4

O R D E R

The petitioner seeks a direction to the respondent to implement the orders dated 16.04.2024 and 18.04.2024 in STC.Nos.613 and 638 of 2010.

2. According to the petitioner, he is the complainant in STC.Nos.613 and 638 of 2010 filed under Section 138 of Negotiable Instruments Act. He filed an application under Section 83 of Cr.P.C to attach the properties of the respondent therein and the same was allowed by the concerned Magistrate by order dated 16.04.2024 and 18.04.2024. The grievance of the petitioner is that the attachment order has not been implemented by the respondents till date.

3. The learned Additional Government Pleader appearing for the respondents would submit that the second respondent addressed a letter to jurisdictional Sub Registrar viz., Sub Registrar, Vanur, directing him to make necessary entry regarding the attachment. He also produced the letter addressed by the second respondent to Sub Registrar, Vanur in Na.Ka.No.A5/886/2024, dated 22.07.2024. In view of the fact, the second 2/4

respondent already addressed a letter to jurisdictional Sub Registrar, seeking implementation of the order and attachment of the property, this Court dispose of the writ petition with direction to the second respondent to ensure that the attachment process shall be completed within a period of one week from the date of receipt of a copy of this order.

4. Accordingly, this writ petition is disposed of. No costs. 12.08.2024 Index : Yes/No Speaking order:Yes/No ub Note:Issue order copy on 16.08.2024 To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Vanur Taluk, Vanur, Villupuram District.

S.SOUNTHAR, J.

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