1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)Nos.183 to 186 of 2011 and M.P.(MD)Nos.1,1,1 & 1 of 2011 N.Athilingam : Petitioner in W.P.183/2011 Rajathesingh : Petitioner in W.P.184/2011 Christian Femila : Petitioner in W.P.185/2011 Felomi : Petitioner in W.P.186/2011 Vs. 1.The Recovery Officer, Debts Recovery Tribunal, (Kerala & Lakshadweep), 8th Floor, K.S.H.B.Building, Panampily Nagar, Cochin-682 036. 2.M/s.Pace International Ltd., Rep. by its Managing Director, Administrative Office, 10, NNC Estate, Vadakkavilai Post, Quilon, Kerala State. 3.S.Krishnaswamy : Respondents in all Wps. Prayer in W.P.(MD)No.183 of 2011: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to notice of the 1st respondent, dated 09.11.2010 relating to eviction of the petitioner's property in Re-Sy No.52/2B of Vembanoor Village, Agasteeswaram Taluk, Kanyakumari District, Tamil Nadu having an extent of 15 cents and quash the same and consequently, direct the 1st respondent to consider the representation, dated 10.12.2010 and pass such further orders. Prayer in W.P.(MD)No.184 of 2011: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the https://hcservices.ecourts.gov.in/hcservices/ 2 records pertaining to notice of the 1st respondent, dated 09.11.2010 relating to eviction of the petitioner's property in Re-Sy No.52/2B of Vembanoor Village, Agasteeswaram Taluk, Kanyakumari District, Tamil Nadu, having an extent of 3.75 cents and quash the same and consequently, direct the 1st respondent to consider the representation, dated 10.12.2010 and pass such further orders. Prayer in W.P.(MD)No.185 of 2011: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to notice of the 1st respondent, dated 09.11.2010 relating to eviction of the petitioner's property in Re-Sy No.52/2B of Vembanoor Village, Agasteeswaram Taluk, Kanyakumari District, Tamil Nadu, having an extent of 3.75 cents and quash the same and consequently, direct the 1st respondent to consider the representation, dated 10.12.2010 and pass such further orders. Prayer in W.P.(MD)No.186 of 2011: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to notice of the 1st respondent, dated 09.11.2010 relating to eviction of the petitioner's property in Re-Sy No.52/2B of Vembanoor Village, Agasteeswaram Taluk, Kanyakumari District, Tamil Nadu, having an extent of 3.75 cents and quash the same and consequently, direct the 1st respondent to consider the representation, dated 10.12.2010 and pass such further orders. For Petitioner in all W.Ps. : Mr.A.Rajkumar Sen C O M M O N O R D E R (Order of the Court was made by N.PAUL VASANTHAKUMAR.J) These writ petitions are taken up for final hearing at the stage of admission itself. 2.These writ petitions are filed seeking to quash the impugned notices issued by the first respondent, dated 09.11.2010 relating to eviction of the petitioners' property in Re-Survey No.52/2B of Vembanoor Village, Agasteeswaram Taluk, Kanyakumar District. 3.The impugned notices are challenged among other things including jurisdiction. The petitioners have already replied to the notices on 10.12.2010 by submitting individual reply wherein https://hcservices.ecourts.gov.in/hcservices/ 3 the petitioners have stated that the Recovery Officer of Debts Recovery Tribunal, Madurai, is having territorial jurisdiction to entertain the matter. 4.Since, the replies have already been submitted by the petitioners individually, the petitioners cannot challenge the show cause notices and only after the final order is passed by the first respondent, the petitioners can be challenged the same by filing appeal before the appropriate forum. 5.With the above observation, these writ petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The Recovery Officer, Debts Recovery Tribunal, (Kerala & Lakshadweep), 8th Floor, K.S.H.B.Building, Panampily Nagar, Cochin-682 036. +One Cc to Mr.A.Rajkumar, Advocate, SR.No.781 er rl/3c – 18.01.2011 W.P.(MD)Nos.183 to 186 of 2011 06.01.2011 https://hcservices.ecourts.gov.in/hcservices/