S.D.M.Cot Spin (India) P.Ltd v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.D.M.Cot Spin (India) P. Ltd., Rep. by its Director, S.Dharmamoorthy, S/o.Subramaniam, No.6-153, Madurai Road, Silukkuvarpatti Salai, Nilakkottai, ... Petitioner versus
1. The District Collector, Dindigul District, Dindigul.
2. The District Revenue Officer, Dindigul District, Dindigul.
3. The Tahsildar, Nilakottai Taluk,
4. The Village Administrative Officer, Silukkuvarpatti Salai, 1/6
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd and 3rd respondents to implement the order of the 1st respondent made in Na.Ka.No.7551/2017/Aa3 dated 20.06.2023 and consequently, direct the 3rd respondent to grant patta in favour of the petitioner within the time frame fixed by this Court.
For Petitioner : Mr.N.Shanmuga Selvam For Respondents : Mr.M.Sarangan, Additional Government Pleader
ORDER
The petitioner has purchased the properties in S.F.Nos.179/1, 179/5, 177/5B, 177/9, 178, 179/2, 180/2, 177/13, 164/2 and 177/5A comprised to an extent of 15.14 acres located at Silukkuvarpatti Revenue Village, Nilakottai Taluk, Dindigul District, in an auction conducted by the State Bank of India, for which, a sale certificate has also been issued on 21.12.2021. Based on the sale certificate dated 21.12.2021, the petitioner has submitted a representation dated 27.02.2023 for mutation of records. However, the respondents have 2/6
not acted upon his representation, by referring to the revenue recovery proceedings initiated with regard to the said properties. Therefore, the petitioner has filed this writ petition.
2. M.Sarangan, learned Additional Government Pleader submits that in view of revenue recovery proceedings, the petitioner's representation has not been considered.
3. The properties in S.F.Nos.179/1, 179/5, 177/5B, 177/9, 178, 179/2, 180/2, 177/13, 164/2 and 177/5A comprised to an extent of 15.14 acres located at Silukkuvarpatti Revenue Village, Nilakottai Taluk, Dindigul District, were already mortgaged with the State Bank of India. The said properties were also brought for auction, after initiating SARFAESI proceedings. The petitioner has purchased the said properties in the auction conducted by the State Bank of India and he was issued with a sale certificate on 21.12.2021. Along with the sale certificate, the petitioner has submitted a representation dated 3/6
27.02.2023 to the respondents for mutation of records. The first respondent/the District Collector, Dindigul District, by his proceedings in Na.Ka.No.7551/2017/Aa3 dated 20.06.2023, has made recommendations to the third respondent/the Tahsildar, Nilakottai Taluk, Dindigul District, for mutation of records with respect to the said property. Even after that, the 3rd respondent has not taken any steps for mutation of records.
4. Therefore, this writ petition is allowed with a direction to the respondents 2 and 3 to pass orders on the petitioner's representation dated 20.06.2023 for mutation of records with respect to the said properties, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
08.09.2023 ogy NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
4/6
To
1. The District Collector, Dindigul District, Dindigul.
2. The District Revenue Officer, Dindigul District, Dindigul.
3. The Tahsildar, Nilakottai Taluk,
4. The Village Administrative Officer, Silukkuvarpatti Salai, 5/6
B.PUGALENDHI, J.
ogy 08.09.2023 6/6