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Madras High CourtWP(MD)/17836/2017disposed of

The Executive Officer, v. The District Collector,

2017-09-21Honourable Mr Justice R. Mahadevan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)Nos.17836 to 17860 of 2017 and W.M.P(MD)Nos.14353 to 14377 of 2017 THE EXECUTIVE OFFICER, S.KANNANUR TOWN PANCHAYAT, SAMAYAPURAM POST - 621 112, MANACHANALLUR TALUK, TIRUCHIRAPALLI DISTRICT.

... PETITIONER IN ALL WPS VS.

1. THE DISTRICT COLLECTOR, TIRUCHIRAPPALLI DISTRICT, COLLECTORATE, TIRUCHIRAPPALLI.

2. THE TAHSILDAR, MANACHANALLUR TALUK, MANACHANALLUR POST & TALUK, TIRUCHIRAPPALLI.

... RESPONDENTS 1 & 2 IN ALL WPS AKILA IN WP(MD)NO.17836 OF 2017 MR.K.RAMESH, S/O.KRISHNASAMY RAJA, NO.10/2 MAKALIKUDI RAJA STREET, MANACHANALLUR TK, TIRUCHIRAPALLI DT-621 112. IN WP(MD)NO.17837 OF 2017 TMT.MAHALAKSHMI, W/O.(LATE). PURUSHOTHAMAN, NO.10 MAKALIKUDI RAJA STREET, S.KANNANOOR SAMAYAPURAM POST MANNACHANALLUR TK, TRICHY DT- 621 112 IN WP(MD)NO.17838 OF 2017 TMT.KRISHNAVENI, W/O.LATE. NARAYANAN MAKALIKUDI NEW STREET, S.KANNANOOR SAMAYAPURAM POST MANNACHANALLUR TK, TRICHY DT- 621112 IN WP(MD)NO.17839 OF 2017 THIRU.K.CHANDRASEKAR, S/O.KRISHNASAMY RAJA, NO.10/2 MAKALIKUDI RAJA STREET, MANACHANALLUR TK, TIRUCHIRAPALLI DT-621 112. IN WP(MD)NO.17840 OF 2017

THIRU.K.CHANDRDASEKAR, S/O.KRISHNASAMY RAJA, NO.10/2 MAKALIKUDI RAJA STREET, MANACHANALLUR TK, TIRUCHIRAPALLI DT-621 112. IN WP(MD)NO.17841 OF 2017 TMT.CKALAVATHI NO.22/4 MAKALIKUDI NEW STREET, MANNACHANALLUR TK, TRICHY DT- 621 112 IN WP(MD)NO.17842 OF 2017 THIRU S.SIVA, S/O. SUBBARAYAN, 13 SOUTH NEW STREET, IN WP(MD)NO.17843 OF 2017 THIRU.N.RAMESH S/O.NATESAN NO.24/1 AMBALAKARA STREET, MANACHANALLUR TK, TIRUCHIRAPALLI DT-621 112.

IN WP(MD)NO.17844 OF 2017 THIRU.G.SUNDARRAJ, S/O.GOVINDARAJ, L.MARUTHUR VILLAGE LALAGUDI TALUK, TRICHY DISTRICT. ... 3RD RESPONDENT IN WP(MD)NO.17845 OF 2017 THIRU.G.SAKTHIVEL NO.2 MAKALIKUDI RAJA STREET, MANNACHANALLUR TK, TRICHY DT- 621 112 ... 3RD RESPONDENT IN WP(MD)NO.17846 OF 2017 THIRU K.KUMAR, S/O. KRISHNAN, MAKHALIKUDI HARIJAN STREET, IN WP(MD)NO.17847 OF 2017 THIRU.A.RAMESH, S/O.APPAVU PILLAI, NO.24 BAZAR STREET,MARUTHUR ROAD NORTH SIDE, MANACHANALLUR TK, TIRUCHIRAPALLI DT-621 112.

IN WP(MD)NO.17848 OF 2017 THIRU.M.NATARAJAN, S/O.MARUTHAMUTHU, NO.9 NORTH STREET, THUDAIYUR VILLAGE POST, MANNACHANALLUR TALUK, TRICHY DISTRICT- 621 112. IN WP(MD)NO.17849 OF 2017

THIRU.K.VENKATACHALAPATHY, S/O.KRISHNASAMY RAJA, NO.2 RAJA KALLIKUDI S.KANNANOOR SAMAYAPURAM POST MANNACHANALLUR TK, TRICHY DT- 621 112 IN WP(MD)NO.17850 OF 2017 THIRU P.KRISHNA BHARATHI, S/O. PANNEER SELVAM, NO.27 TEACHERS COLONY, IN WP(MD)NO.17851 OF 2017 THIRU.S.SIVAKUMAR, S/O.SINGARAM, NO.1/80 KALLAR STREET, L.MARUTHOOR POST, LALKUDI TK, TRICHY DIST.

IN WP(MD)NO.17852 OF 2017 THIRU.P.MURUGESAN, S/O.PITCHAI, MAKALIKUDI HARIJAN STREET, TRICHY DISTRICT- 621 112. ... 3RD RESPONDENT IN WP(MD)NO.17853 OF 2017 THIRU.C.RAMESH, S/O.CHELLAPPA, NO.16 NEW STREET, SAMAYAPURAM POST, MANNACHANALLUR TK, TRICHY DT- 621 112 IN WP(MD)NO.17854 OF 2017 THIRU M.GOVINDARAJ, S/O.MUTHU KANNU, NO.121 SAMAYAPURAM VILLAGE, SAMAYAPURAM POST, MANNACHANALLUR TK, TRICHY DISTRICT- 621112 ... 3RD RESPONDENT IN WP(MD)NO.17855 OF 2017 THIRU.P.KARTHICK, S/O.PALANIYANDI, NO.35/1 INDIRA COLONY NORTH, MANNACHANALLUR TK, TRICHY DIST - 621 112.

IN WP(MD)NO.17856 OF 2017 TMT.THILAGAVATHI, W/O.LATE R.MURALI, MAKALIKUDI NORTH VELLALAR STREET, MANNACHANALLUR TALUK,TRICHY DISTRICT-621 112. IN WP(MD)NO.17857 OF 2017 THIRU.M.SEKAR, S/O.MOOKKAN, NO.21 MAKALIGUDI NEW STREET, MANNACHANALLUR TK, TRICHY DT- 621 112 IN WP(MD)NO.17858 OF 2017

THIRU S.KUMAR NO.1O. MAKALIKUDI HARIJAN STREET, ... 3RD RESPONDENT IN WP(MD)NO.17859 OF 2017 THIRU.R.ELANGOVAN, NO.25 MAKALIGUDI HARIJAN STREET, MANNACHANALLUR TK, TRICHY DIST - 621 112.

IN WP(MD)NO.17860 OF 2017 COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India to issue Writ of Mandamus to direct the Respondents 1 and 2 to initiate recovery proceedings against the 3rd Respondent under Revenue Recovery Act based on the claim proceedings made by the Petitioners Town Panchayat in Na.Ka.No.A1/33/2007 dated 13.02.2017 (in WP(MD)Nos. 17836 to 17857 of 2017)Na.Ka.No.A1/33/2007 dated 21.03.2016 (in WP(MD)No.17858 of 2017) and dated 13.02.2017 (WP(MD)Nos.17836 to 17860 of 2017 respectively)and to proceed to recover the arrear amount, together with interest with in the stipulated time may be fixed by this Honble Court.

For Petitioner : Mr.M.Saravanakumar (In all cases) For R.1 & R.2 : Mr.S.Kumar, (In all cases) Additional Government Pleader COMMON ORDER As the issue involved in all these writ petitions are similar in nature, they are disposed of by this common order. 2.By consent, these writ petitions are taken up for final disposal at the stage of admission itself. Mr.S.Kumar, learned Additional Government Pleader, takes notice for the respondents 1 & 2 in all cases.

3.The petitioner Panchayat, in the year 2007, passed a resolution to rent out the shops and other properties, by way of public auction and pursuant to the same, they conducted public auction and allotted the shops to the highest bidders, i.e., the third respondents herein in all these petitions and necessary lease deeds had also been executed between the parties. While so, the lessees failed to pay the rent regularly and the arrears were getting accumulated. In the meanwhile, the petitioner Panchayat has sent several notices periodically and finally on 21.03.2016 in respect of W.P(MD)No.17858 of 2017 & on 13.02.2017 in respect of

all other writ petitions, marking a copy to the first respondent, which had also failed to meet its fate at the hands of the lessees. Aggrieved thereby, the petitioner is before this Court, seeking a direction to the first and second respondents to initiate recovery proceedings against the defaulters/third respondents herein.

4.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the petitioner to submit a copy of the notices dated 21.03.2016 & 13.02.2017 along with a copy of this order to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the same and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as the third respondent in all the cases, within a period of four weeks thereafter.

5.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tiruchirappalli District, Collectorate, Tiruchirappalli.

2. The Tahsildar, Manachanallur Taluk, Manachanallur Post & Taluk, Tiruchirappalli.

+1cc to Spl.Government Pleader Sr.No.80909 to 80932 GK VB/SV/MMS/SAR1/05/10/2017/5P/4C W.P.(MD)No.17836 to 17860 of 2017 and W.M.P(MD)Nos.14353 to 14377 of 2017 21.09.2017