PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the Respondents 1 and 2 to initiate recovery proceedings against the 3rd Respondent under Revenue Recovery Act based on the claim proceedings made by the Petitioners Town Panchayat in Na.Ka.No.A1/33/2007 dated 13.02.2017 and to proceed to recover the arrear amount, together with interest with in the stipulated time may be fixed by this Honble Court.
!For Petitioner : Mr.M.Saravanakumar (In all cases) ^For R.1 & R.2 : Mr.S.Kumar, (In all cases) Additional Government Pleader :COMMON ORDER As the issue involved in all these writ petitions are similar in nature, they are disposed of by this common order.
2.By consent, these writ petitions are taken up for final disposal at the stage of admission itself. Mr.S.Kumar, learned Additional Government Pleader, takes notice for the respondents 1 & 2 in all cases.
3.The petitioner Panchayat, in the year 2007, passed a resolution to rent out the shops and other properties, by way of public auction and pursuant to the same, they conducted public auction and allotted the shops to the highest bidders, i.e., the third respondents herein in all these petitions and necessary lease deeds had also been executed between the parties. While so, the lessees failed to pay the rent regularly and the arrears were getting accumulated. In the meanwhile, the petitioner Panchayat has sent several notices periodically and finally on 21.03.2016 in respect of W.P(MD)No.17858 of 2017 & on 13.02.2017 in respect of all other writ petitions, marking a copy to the first respondent, which had also failed to meet its fate at the hands of the lessees. Aggrieved thereby, the petitioner is before this Court, seeking a direction to the first and second respondents to initiate recovery proceedings against the defaulters/third respondents herein.
4.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the petitioner to submit a copy of the notices dated 21.03.2016 & 13.02.2017 along with a copy of this order to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the same and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as the third respondent in all the cases, within a period of four weeks thereafter.
5.With the above direction, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
To
1.The District Collector, Tiruchirappalli District, Collectorate, Tiruchirappalli.
2.The Tahsildar, Manachanallur Taluk, Manachanallur Post & Taluk, Tiruchirappalli..