Murugesan.M v. The Dist.Collector
W.P.(MD)No.7867 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.7867 of 2021 and W.M.P.(MD).Nos.6000, 6002 and 6008 of 2021 M.Murugesan : Petitioner Vs.
1. The District Collector, Sivagangai, Sivagangai District.
2. The Revenue Divisional Officer, Devakottai, Sivagangai District.
3. The Tahsildar, Karaikudi, Sivagangai District.
4.M.Ramanathan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned proceedings of the first respondent in Pa.Mu.Pi/9202/20, dated ...08.2020, signed on 19.08.2020 and consequential mutation of Patta No.4945, issued by the third respondent in respect of lands in Survey No.39/1, Ariyakkudi Group, Karaikudi Taluk, Sivagangai District and quash the same as illegal.
For Petitioner : Mr.AL.Kannan For R-1 to R-3 : Mr.K.P.Narayana Kumar Special Government Pleader For R-4 : Mrs.M.Rajeswari
ORDER
This Writ Petition has been filed challenging the impugned proceedings of the first respondent, dated 19.08.2020.
2. When the matter was taken up for hearing on 27.04.2021, the following order was passed by this Court:- "Mrs.M.Rajeswari, learned counsel appearing on behalf of the fourth respondent submitted that the petitioner has already sold the subject property in favour of one Kaleeshwari, through a registered sale deed, dated 18.01.2021. It was further submitted that the said Kaleeshwari has also sold the property in favour of one Kottaisamy, by virtue of a registered sale deed, dated 24.03.2021. In view of the same, the learned counsel submitted that the petitioner does not have any interest over the subject property as on date and therefore, the present Writ Petition itself is not maintainable.
2. The learned counsel appearing on behalf of https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.7867 of 2021 the petitioner seeks time to get instructions in this regard.
3. Registry is directed to post this case under the caption "For Orders" on 29.04.2021 and is further directed to print the name of Mr.M.Rajeswari, learned counsel appearing on behalf of the fourth respondent. 3.When the matter was taken up for hearing today (29.04.2021), the learned counsel appearing on behalf of the petitioner on instructions submitted that the representation made by the learned counsel appearing on behalf of the fourth respondent is factually correct and the property was already sold.
4. In the considered view of this Court, the petitioner has not approached this Court by providing all the facts and the material facts with regard to the sale of the property was concealed. On this ground alone, this Writ Petition is liable to be rejected and accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CSI) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
tsg To
1. The District Collector, Sivagangai, Sivagangai District.
2. The Revenue Divisional Officer, Devakottai, Sivagangai District.
3.The Tahsildar, Karaikudi, Sivagangai District. +1 CC to M/s.D.PANEERSELVAM, Advocate ( SR-18048[F] dated 29/04/2021 ) +1 CC to M/s.GP ( SR-18443[F] dated 03/05/2021 ) Order made in W.P.(MD)No.7867 of 2021 Dated:
29.04.2021 GS (9.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2