Eswaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.27976 of 2021 Eswaran ... Petitioner -Vs1. The District Collector, Tiruppur,

2. The Revenue Divisional Officer, Dharapuram,

3. The Tahsildar, Kangeyam,

4. The Sub Registrar, Vellakovil Sub Register Office, ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to remove wrong entry of encumbrance which is made on the petitioner's property situated at Survey No.216/4A, Chinnamuthur, Oodayam Revenue Village, Kangeyam Taluk, Tiruppur District, regarding to the Revenue Recovery Proceedings initiated for recovery of compensation amount from Noyyal River Irrigatin Aayakkattu Association Members, within the time to be stipulated by this Hon'ble Court. For Petitioner : Mr.M.Vijayaragavan For R1 to R3 : Mr.S.Rajesh Government Advocate For R4 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents to remove wrong entry of encumbrance which is made on the petitioner's property situated at Survey No.216/4A, Chinnamuthur, Oodayam Revenue Village, Kangeyam Taluk, Tiruppur District, regarding to the Revenue Recovery Proceedings initiated for recovery of compensation amount from Noyyal River Irrigatin Aayakkattu Association Members, within the time to be stipulated by this Hon'ble Court.

2.

Heard Mr.M.Vijayaragavan, learned counsel appearing for the petitioner, Mr.S.Rajesh, learned Government Advocate appearing for the respondents 1 to 3 and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the fourth respondent.

3.

Without expressing any opinion on the merits of the writ petition, the fourth respondent is directed to issue notice to the petitioner and the counter parties if any, after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mn To

1. The District Collector, Tiruppur,

2. The Revenue Divisional Officer, Dharapuram,

3. The Tahsildar, Kangeyam,

4. The Sub Registrar, Vellakovil Sub Register Office, +1cc to Mr.M.Vijayaragavan, Advocate, S.R.No.427 +1cc to the Government Pleader, S.R.No.668 W.P.No.27976 of 2021 SS(CO) CT 24/01/2022