M/S Sunaichandran Spintex (P) v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M/s.Sunaichandran Spintex (P) Ltd., Rep by its Director, T.Sunaichandran, S/o Thalamuthu, S.F.No.213/1WB2, Main Road, Elundraikondan, Kollankondan Post - 626142, Rajapalayam Taluk.

... Petitioner Vs The Thasildar Taluk Office, Rajapalayam.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in Na.Ka./R.T.R/2740/2014, dated 07.08.2015 and quash the same and consequently direct the respondent to transfer the patta in the name of the petitioner for the properties in S.No.74/2C2, 74/3A, 73/3B and 82/1 of Elandraikondan Village, Kollankondan Post, 1/5

Rajapalayam Taluk, Virudhunagar District.

For Petitioner : Mr.S.Venkattesh For Respondent : Mr.A.Baskaran Additional Government Pleader

O R D E R

The petitioner Company is a private limited Company registered under the Companies Act. This Company said to have purchased the lands in S.No.74/2C2, 74/3A, 73/3B and 82/1 of Elandraikondan Village from M/s.Vijay Karthick Spinners (P) Ltd a Company. After the purchase, M/s.Vijay Karthick Spinners (P) Ltd has taken steps to change the name as M/s.Sunaichandran Spintex (P) Ltd., The Registrar of Companies has also changed the name and issued a Certificate on 12.02.2014. However, patta for these lands stand in the name of the previous company. Therefore, they have made a request to the Tahsildar to change the name of the Company in the patta for the aforesaid lands. However, it was not considered. Therefore, the petitioner has filed a writ petition in W.P(MD) No. 2427 of 2015 before this Court and this Court, by order, dated 26.03.2015 has issued a direction to the respondents therein to issue 2/5

patta in favour of the petitioner within a period of three months. Subsequently, the Tahsildar, Rajapalayam has passed an order on 07.08.2015 rejecting the request of this petitioner for transferring the name in the revenue records. Challenging the same, the petitioner has filed this writ petition in the year 2015. 2.When this writ petition is taken up for hearing today, the learned Additional Government Pleader appearing for the respondent submits that the petitioner Company itself is liquidated and its properties have been sold in public auction. 3.The learned counsel appearing for the petitioner by disputing the same submits that the issue is still pending before the Debts Recovery Tribunal, Madurai in S.A Nos.231/22 and S.A.No. 454 of 2021.

4.Considering the subsequent developments, this writ petition is closed with a liberty to the petitioner to work out his 3/5

remedy based on the outcome of the proceedings, which is pending before the Debt Recovery Tribunal, Madurai. No costs. 29.01.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn To The Thasildar Taluk Office, Rajapalayam.

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B.PUGALENDHI, J.

vrn Order made in 29.01.2024 5/5