Siraajdeen .H v. The District Collector Cum District Magistrate
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.19093 OF 2023 and W.M.P(MD)No.15837 of 2023 1.H.Siraajdeen 2.M.Ayubkhan :Petitioners .vs.
1.The District Collector cum District Magistrate, Trichirappalli District, Trichirappalli.
2.The Tahsildar, Trichirappalli East Taluk, 3.The Authorized Officer, Canara Bank, ARM Branch Trichy, No.1, Muthaiah Towers, Royal Road, Tiruchirappalli - 620 001.
4.M/s.Sri ACL Infosys, and M/s.Sri ACL Infosys Hotel Le Temp Fort, By its partners M.Karthi and P.Renganathan,, III Floor, Soundaram Arcade, No.13-A, Williams Road, Trichy - 620 001.
5.M.Karthi, 1/5
Son of Thirugnanasambandam, Plot No.2, Anbil Dharmalingam Street, K.K.Nagar, Trichy -21.
6.P.Renganathan, Door No.3/2, Third Cross, Lourdhusamy Pillai Colony, Kanamalai, Trichy -23.
:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to conclude the proceedings in R.C.G5/15776/2019 expeditiously thereby rendering assistance in taking physical possession of the property bearing Plot No.562, situate in Anbil Dharmalingam Street, K.K.Nagar, Trichy in S.No.105/1A part of K.Sathanur Village, Trichirappalli East Taluk, Trichirappalli District within the time frame fixed by this Court.
For Petitioners :Mr.K.S.Kathiravan For Respondents :Mr.M.Linga Durai 1 and 2 Special Govt.Pleader For Respondent-3 :Mr.C.Deepak Standing Counsel
O R D E R
********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the first respondent to conclude the proceedings in R.C.G5/15776/2019 expeditiously thereby rendering 2/5
assistance in taking physical possession of the property bearing Plot No.562, situate in Anbil Dharmalingam Street, K.K.Nagar, Trichy in S.No.105/1A part of K.Sathanur Village, Trichirappalli East Taluk, 2.Mr.M.Linga Durai, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.C.Deepak, learned Standing Counsel takes notice for the third respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.It is not in dispute that the District Collector cum District Magistrate, Tiruchirappalli as per proceedings, dated 28.5.2023 has directed the Tahsildar,Tiruchirappalli to take physical possession of the property with the assistance of the Police, if necessary. Though a request was made to the Commissioner of Police, Tiruchirappalli City, the Tahsildar concerned, as per proceedings, dated 28.5.2023 has not taken physical possesion as required under law. 4.In the said circumstances, this Writ Petition is disposed of, with a direction to the Tahsildar,Tiruchirappalli East Taluk, 3/5
Tiruchirappalli District to implement the order of the District Collector and to hand-over the physical possession of the property to the respondents-Bank within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consquently, connected Miscellaneous Petition is closed.
[S.S.S.R.,J.] [D.B.C,J.] 07.08.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The District Collector cum District Magistrate, Trichirappalli District, Trichirappalli.
2.The Tahsildar, Trichirappalli East Taluk, 3.The Authorized Officer, Canara Bank, ARM Branch Trichy, No.1, Muthaiah Towers, Royal Road, Tiruchirappalli - 620 001.
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S.S.SUNDAR, J.
AND D.BHARATHA CHAKRAVARTHY,J.
vsn 0RDER MADE IN W.P(MD)NO.19093 OF 2023 and W.M.P(MD)No.15837 of 2023 07.08.2023 5/5