Venkatesan v. Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI VENKATESAN Petitioner(s) Vs

1. Additional Chief Secretary To Government Revenue And Disaster Management, Secretariat, Chennai 09.

2.The District Collector District Collectors Office, Rajaji Road, Beach Road, George Town Chennai 01.

3.The Revenue Divisional Officer, Revenue Divisional Office, Guindy, Chennai 32 4.The Tahsildar Sholinganallur Taluk Office, No.1, Rajiv Gandhi Road, Sholinganallur, Chennai 119 5.The Revenue Inspector Sholinganallur Taluk Office, No.1, Rajiv Gandhi Road, Sholinganallur, Chennai 119 6.The Manager, Canara Bank, Asset Recovery Branch,

Rep. By Its Manager, Teynampet Chennai 7.PADMAVATHY Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 to dispose of the petitioner representation dated 12.07.2025 to restore the possession of the shop premises bearing Door No. 14, Madipakkam Main Road, Kaiveli Ram Nagar south, Pallikaranai, Chennai 91 and to take appropriate action against the respondent 4 and 5.

For Petitioner(s):

Mr.K.A.Mariappan For Respondent:

Ms.P.Aishwarya RR1 to 5 Mr.R.Sreedhar R6

ORDER

This petition has been filed seeking a direction to the respondents 1 to 3 to dispose of the petitioner representation dated 12.07.2025 to restore the possession of the shop premises bearing Door No. 14, Madipakkam Main Road, Kaiveli Ram Nagar south, Pallikaranai, Chennai 91 and to take appropriate action against the respondent 4 and 5.

2. It is the case of the petitioner that the petitioner has borrowed loan from the 6 th respondent bank by mortgaging the shop situated at Pallikaranai. On 05.07.2025, the Revenue Inspector who are arrived on the orders of Tahsildar and entered the petitioner's shop without any prior notice and taken the possession by illegally. Hence, the petitioner made a representation to the

respondents to restore the possession of the petitioner's shop.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. Per contra, the learned Government Advocate submitted that the petitioner has already filed a writ petition with the very same prayer in W.P.no.32501 of 2025 and the same was dismissed vide order dated 28.08.2025. Suppressing the said fact, the petitioner has filed the present writ petition with the same prayer.

5. Considering the fact that the respondent has already initiated the SARFEASI proceedings and possession also taken. In such circumstances, if the petitioner aggrieved with the sarfeasi proceeding, he has to challenge the said proceeding before this Court. Without challenging the said proceedings, the petitioner has filed the present writ petition for mandamus, which is not sustainable one.

6. In the result, the writ petition is dismissed. No costs. 15-09-2025 rli

M.DHANDAPANI J.

rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Additional Chief Secretary To Government Revenue And Disaster Management Tamil Nadu Secretariat Chennai 09 2.District Collector District Collectors Office, Rajaji Road, Beach Road, George Town Chennai 01 3.Revenue Divisional Officer Revenue Divisional Office, Guindy Chennai 32 4.TAHSILDAR Sholinganallur Taluk Office, No.1, Rajiv Gandhi Road, Sholinganallur Chennai 119 5.Revenue Inspector Sholinganallur Taluk Office, No.1, Rajiv Gandhi Road, Sholinganallur Chennai 119 15.09.2025