Veluchami.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.21989 of 2022 R.Veluchamy .. Petitioner

Versus

1.The District Collector, Virudhunagar Collector Office, Virudhunagar District.

2.The District Registrar, Registration Department, District Registrar Office, Virudhunagar District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to consider the petitioner's petition dated 26.05.2022, regarding S.No.1321/1, measuring an extent of 4 Acre and 8 Cents, in Villuppanur Village, Vathrairuppu Taluk, Virudhunagar District and to dispose of the same, within a time frame that may be fixed by this Court. For Petitioner :

Mr.S.Bharathi For Respondents :

Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, to direct the second respondent to consider his petition dated 26.05.2022, regarding 1/5

S.No.1321/1, measuring an extent of 4 Acre and 8 Cents, in Villuppanur Village, Vathrairuppu Taluk, Virudhunagar District and to dispose of the same, within a time frame.

2.The petitioner submits that his father namely, Ramasamy, had purchased lands in S.No.1321/1, measuring an extent of 4 Acre and 8 Cents and in S.No.1321/3, measuring an extent of 4 Acre and 36 Cents, situated at Villuppanur Village, Vathrairuppu Taluk, Virudhunagar District, in the year 1964 from his sister's husband namely, Ramasamy, S/o.Subbaiah. In the year 1984, UDR Patta No.3195, regarding S.No1321/1 and Patta No.1104 regarding S.No.1321/3, have been issued in the name of his father. His father had been enjoying the said land by cultivating onion and chilly and got an agricultural loan in the year 1994, regarding S.No.1321/1 from the Cooperative Bank in Kunnur Branch, Virudhunagar District. Subsequently, on 27.08.2001, the petitioner got agricultural loan from the said Bank.

While so, one Velusamy came to the petitioner's property and tried to trespass into the property stating that the said property was purchased in the year 1985 by one Pownthai from Ramasamy, vide Document No.2229/1985. Subsequently, the said property was purchased by Velusamy on 26.09.2020, vide Document No. 4585/2020.

conduct an enquiry regarding the document registered in the year 1985 and he has also produced all the original documents and Patta on 26.05.2022 in support of his claim. However, no action has been taken on the petitioner's petition, dated 26.05.2022. Hence, the present Writ Petition. 3.The learned Additional Government Pleader appearing for the respondents has produced a copy of the proceedings in Na.Ka.No. 3129/A4/2022, dated 16.09.2022, and submitted that the second respondent has already issued a notice to the petitioner as well as respondents on 16.09.2022, to appear for enquiry.

4.In view of the above said submission, this Court, without going into the merits of the case, directs the second respondent to fix another date for conducting enquiry and issue notice to all the parties concerned to attend the enquiry and pass appropriate orders on merits and in accordance with law, after going through the documents produced and by providing sufficient opportunity to all the parties concerned to put forth their case, within a period of 16 weeks from the date of receipt of a copy of this order. 5.This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 26.09.2022 3/5

To 1.The District Collector, Virudhunagar Collector Office, Virudhunagar District.

2.The District Registrar, Registration Department, District Registrar Office, Virudhunagar District.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in W.P.(MD) No.21989 of 2022 26.09.2022 5/5