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Madras High CourtWP/23196/2024disposed of

Vinoth Kumar v. The District Collector

2024-08-08Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.25355 of 2024 Vinoth Kumar ... Petitioner vs.

1.The District Collector, Perambalur District, Perambalur.

2.The Sub-Collector, Perambalur District, Perambalur.

3.The Thasildar, Perambalur Taluk, Perambalur.

4.Sulochana 5.Rani 6.Jayanthi 7.Seethalakshmi ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/6

India, to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned summon slip passed by the 2nd respondent in NA.KA.2/1803/2024, dated 01.08.2024 and quash the same. Consequently, to direct the 2nd Respondent to conduct a fresh inquiry with the presence of this petitioner.

For Petitioner : Mr.P.William Clinton For R1 to R3 : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein aggrieved by the notice issued by 2nd respondent in NA.KA.2/1803/2024, dated 01.08.2024 for enquiry in an appeal filed by one Sulochana in respect of Patta Transfer for the land in Survey No.388/2B with an extent of 079.00 ares situated at Elumalur Village, Perambalur Taluk and District.

2. According to the petitioner, he purchased the above mentioned property from one Seethalakshmi under a Sale Deed dated 16.05.2024 and registered on 23.07.2024 on the file of Joint-I Sub-Registrar Office, Perambalur as Document No.5972/2024. It is the further case of the petitioner that the proceedings pending before the 2nd respondent is in 2/6

respect of transfer of patta regarding the property purchased by him from Seethalakshmi and the 2nd respondent has issued the impugned notice to Seethalakshmi alone. No notice has been issued to the petitioner. Therefore, the petitioner has challenged the impugned notice issued to Seethalakshmi by way of this writ petition.

3. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents 1 to 3, on instructions, would submit that if the petitioner claim any right under Seethalakshmi to whom the notice was served, it is always open to him to appear before the 2nd respondent and make submissions.

4. The 2nd respondent issued notice to original owner Seethalakshmi. Now, according to the petitioner, he purchased the property from said Seethalakshmi under Document No.5972/2024 registered on 23.07.2024. Therefore, it is open to the petitioner to appear before the 2nd respondent and make his submissions regarding his right over the property.

5. The learned counsel appearing for the petitioner submits that he has 3/6

some difficulty in arguing the matter before the 2nd respondent tomorrow (i.e., 09.08.2024) and therefore, some other date may be fixed for hearing. It is open to the petitioner to appear before the 2nd respondent tomorrow (09.08.2024) and make a request for adjournment.

6. With these clarifications, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 08.08.2024 (2/2) Index : Yes/No Speaking order:Yes/No dm 4/6

To 1.The District Collector, Perambalur District, Perambalur.

2.The Sub-Collector, Perambalur District, Perambalur.

3.The Thasildar, Perambalur Taluk, Perambalur.

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S.SOUNTHAR, J.

dm 08.08.2024 (2/2) 6/6