Vinoth Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP.No.28194 of 2024 Vinoth Kumar ... Petitioner vs.
1.The District Collector, Perambalur District, 2.The Sub Collector, Perambalur District, 3.The Tahsildar, Perambalur District, 4.The Deputy Tahsildar, Perambalur Taluk, 5.Sulochana 6.VanaRani @ Rani 7.Jayanthi 8.Jayakumar 9.Seethalakshmi ... Respondents 1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned summon slip passed by the 2nd respondent in e/f/m2/1803/2024, dated 19.08.2024 and quash the same. Consequently, I implore this Court to direct the 2nd respondent not to mutate and conduct any inquiry pertaining to the property situated at S.No.388/2B in Perambalur District and Taluk, and Elambalur Village till the pending disposal of the suit in O.S.No.48 of 2024 on the file of the Principal District Court, For Petitioner : Mr.P.Willian Clinton For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
Challenging the impugned enquiry notice issued by the second respondent, the present writ petition has been filed. Earlier similar enquiry notice was challenged by the petitioner on the ground that it was issued to petitioner's vendor Seethalakshmi and no notice was issued to the petitioner though he purchased the property from Seethalakshmi. This Court by order dated 08.08.2024 in W.P.No.23196 of 2024 granted liberty to the petitioner 2/6
to appear before the second respondent on the date of hearing (09.08.2024) and make a submission regarding right over the property.
2. Again the impugned enquiry notice was issued by the second respondent on 19.08.2024 calling upon the parties to appear for enquiry on 22.08.2024, the enquiry notice was issued to vendor of the petitioner viz., Seethalakshmi. Aggrieved by the same, the petitioner has come by way of this writ petition.
3. The learned Special Government Pleader who is taking notice for the respondents 1 to 4 on instruction submits that the petitioner appeared before the second respondent on 09.08.2024 through Advocate and also filed Vakalat. The said statement made by the learned Special Government Pleader is recorded.
4. In view of the same, the second respondent is directed to issue a fresh notice to the petitioner as well as all other parties including petitioner's vendor Seethalakshmi for hearing within a period of two weeks from the date of receipt of a copy of this order. In any event, the enquiry 3/6
shall be completed within a period of four weeks from the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
03.09.2024 Index : Yes/No Speaking order:Yes/No ub To 1.The District Collector, 4/6
Perambalur District, 2.The Sub Collector, Perambalur District, 3.The Tahsildar, Perambalur District, 4.The Deputy Tahsildar, Perambalur Taluk, S.SOUNTHAR, J.
ub 5/6
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