Ganesan.R v. The Additional Chief Secretary / Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN P.Ganesan ... Petitioner Vs 1.The Additional Chief Secretary/Commissioner, Revenue Administration, Ezhilagam Building, Chepauk, Chennai - 600 005.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Rajapalayam Revenue Division, Rajapalayam, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.

5.Singarajakottai Rajakkal Sangam, Represented by its President, Rajapalayam, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents herein to take appropriate steps to collect the huge lease arrear/rent from the fourth respondent and others having establishments in Kondaneri Kammai in Town Survey Nos.3/2 and 3/6 of Pudupalayam 1/5

Village, Rajapalayam under lease agreements with the Government/respondents based on the petitioner's representation dated 29.03.2022 within the time limit stipulated by this Court. For Petitioner : Mr.S.Baskar Mathuram for M/s.Mathuram Law Associates For RR 1 to 4 : Mr.D.Gandhi Raj Special Government Pleader For R - 5 : Mr.T.Antony Arul Raj

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents to take appropriate steps to collect the huge lease arrear/rent from the fourth respondent and others having establishments in Kondaneri Kammai in Town Survey Nos.3/2 and 3/6 of Pudupalayam Village, Rajapalayam under lease agreements with the Government/respondents based on the petitioner's representation dated 29.03.2022. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is seen that the fourth respondent leased out the property in favour of the fifth respondent in respect of the property 2/5

comprised in Town Survey Nos.3/2 and 3/6 situated at Pudupalayam Village, Rajapalayam in respect of the property comprised in Town Survey Nos.3/2 and 3/6 situated at Pudupalayam Village, Rajapalayam. However, the fifth respondent is in arrears of huge amounts. Even then, the fourth respondent did not take any steps to collect the arrears of rent.

4.In view of the above, the third respondent is directed to conduct an enquiry, after issuance of notice to the fifth respondent and other parties concerned and after affording an opportunity of hearing to them and take appropriate action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

09.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The Additional Chief Secretary/Commissioner, Revenue Administration, Ezhilagam Building, Chepauk, Chennai - 600 005.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Rajapalayam Revenue Division, Rajapalayam, Virudhunagar District.

4.The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.

5.The President, Singarajakottai Rajakkal Sangam, Rajapalayam, Virudhunagar District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 09.01.2025 5/5