N. VELLAICHAMY Vs. THE DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) THE writ petition has been filed praying this Court for issuance of a writ of Certiorari to call for the records of the 2nd respondent relating to the impugned notice dated 23.06.2015 in Form VI of Tamil Nadu Act 3 of 1905 to vacate the petitioner and to quash the same.

(2.) THE case of the petitioner is that his father purchased the property situated in S. No. 493/3, Vanjinipatti Village, Thirupathur Taluk, Sivagangai District from one Mangai Baga Konar through a registered sale deed for a sale consideration of Rs. 200/ - and it has been duly registered before the Sub -Registrar Office, Thirupathur in document No. 425/1970, dated 23.03.1970. The petitioner's father's vendor Mangai Baga Konar purchased the property in the year 1943. The family members of the petitioner have been enjoying the property from the year 1943. The petitioner herein has been issued with the patta in patta No. 666 for an extent of 5 cents in respect of 11.47 cents. The petitioner came to know that due to UDR correction, some irregularities in the patta has been done. Hence, he made a detailed representation to the 2nd respondent on 28.08.2014 and it has not been considered. The third respondent called upon the petitioner to vacate the land in S. No. 697/30 on or before 26.03.2015. The said notice was issued at the instigation of the fourth respondent. Hence, the petitioner herein approached this Court in W.P.(MD). No. 4445 of 2015 and the same was disposed of on 26.03.2015 by observing that the impugned order is treated as show -cause notice and the petitioner was granted 15 days time to give his explanation and on receipt of such explanation, the respondents were directed to give an opportunity of hearing to the petitioner and thereafter pass an order in accordance with law. Pursuant to the said order, on 31.03.2015, the petitioner sent a representation to the respondent on 01.04.2015. The said representation was received by the respondent.

(3.) PENDING writ petition, this Court has granted an order of interim stay in M.P. (MD). No. 1 of 2015. Thereafter, the fifth respondent C.Kalladiyan has taken out a petition in M.P.(MD). No. 2 of 2015 and got himself impleaded as fifth respondent in the writ petition and filed a vacate stay petition.