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Madras High CourtWP/43847/2025disposed of

E.Damodharan v. The Special Officer / Joint Receiver

2025-11-12Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY and W.M.P.No.48964 of 2025 E.Damodharan, S/o.Ethirajulu, Salem Main Road, Kallakurichi Post, Kallakurichi Taluk & District - 606 202.

Petitioner(s) Vs 1.The Special Officer/Joint Receiver Of Kalaimagal Sabha (REGN.NO.16/84), 17/48, North Usman Road, T.Nagar, Chennai-17. 2.The Inspector General Of Registration, Registration Department, No.100, Santhome High Road, Chennai-600 028.

3.The District Registrar, Tirupathur District.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the 1st and 2nd respondents to consider the petitioner's representations dated 12.02.2025 and 26.05.2025, within a time.

For Petitioner(s):

Mr.A.Sivaji For Respondent:

Mr.B.Vijay Standing Counsel for R1 Mr.U.Baranidharan Special Government Pleader For R2 & R3

ORDER

The relief sought for in this writ petition is to direct the respondents 1 & 2 to consider the petitioner's representation dated 12.02.2025 and 26.05.2025. 2.Mr.B.Vijay, learned counsel takes notice on behalf of the 1 st respondent. Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of respondents 2 & 3. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

3.The case of the petitioner is that the petitioner has been in continuous possession and cultivation of about 2.80 acres of agricultural land situated at Nallanahalli Village, Dharmapuri Taluk & District for over a period of fifteen years under lease arrangement from Kalaimagal Sabha. The petitioner was regularly paying his lease payments, which was also accepted by the 1 st respondent. Further, the petitioner in order to protect his possession, has made a representation dated 12.02.2025 before the 2 nd respondent requesting to take appropriate action to prevent any alienation or auction of the subject property. Under these circumstances, despite regular payment of lease rent and active cultivation, the 1 st respondent issued a public auction notice dated 18.05.

2025, proposing to sell leasehold rights of the subject property through e-tender. Thereafter, the petitioner has made a representation dated 26.05.

pending for consideration, the 1 st respondent is trying to sell leasehold rights of the subject property. Hence, the petitioner has come forward with the present writ petition.

4.Though many grounds have been raised in this writ petition, learned counsel for the petitioner submit that, it would suffice, if this Court issues direction to the respondents 1 & 2 to consider the petitioner's representations dated 12.02.2025 & 26.05.2025.

5.Learned Standing Counsel appearing for the 1 st respondent and learned Special Government Pleader appearing for the respondents 2 & 3 would submit that the representations of the petitioner dated 12.02.2025 & 26.05.2025 will be considered and orders passed within a time frame that may be fixed by this Court.

6.Heard the learned counsel on either side and perused the materials available on record.

7.Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the respondents 1 & 2 to consider the petitioner's representations dated 12.02.2025 & 26.05.2025, after giving due notice and opportunity of personal hearing to the petitioner as well as aggrieved persons, if any, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

8.With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 12-11-2025 (4/5) rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Special Officer/Joint Receiver, Of Kalaimagal Sabha (REGN.NO.16/84), 17/48, North Usman Road, T.Nagar, Chennai-17. 2.The Inspector General Of Registration, Registration Department, No.100, Santhome High Road, Chennai-600 028.

3.The District Registrar, Tirupathur District.

KRISHNAN RAMASAMY J.

rst and W.M.P.No.48964 of 2025 12-11-2025 (4/5)