Madras High Court
N.Krishnan vs The Thasildhar on 15 December, 2021
W.P.No.34862 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.34862 of 2019
and W.M.P.No.35633 of 2019
N.Krishnan ... Petitioner
-Vs-
1. The Thasildhar,
Omalur Taluk,
Salem - District.
2. The Assistant Engineer,
Operation and Maintenance,
Tamil Nadu Electricity Board,
Muthunaickenpatty, Omalur (TK),
Salem - District.
3. The President,
Chellapillai Kuttai Village Panchayat,
Chellapillai Kuttai Village,
Omalur Taluk,
Salem - District. ... Respondents
Page 1 of 7
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W.P.No.34862 of 2019
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus, directing the first
respondent Thasildhar to complete the enquiry and pass appropriate
orders as per the directions of this Hon'ble Court in W.P.No.7594 of
1985 and the proceeding of the first respondent dated 17.10.2018 by
considering the representation of the petitioner dated 05.10.2018.
For Petitioner : Mr.D.Balachandran
For R1 : Mr.P.Baladhandayutham
Special Government Pleader
ORDER
This Writ Petition has been filed for the issuance of Writ of
Mandamus, directing the first respondent Thasildhar to complete the
enquiry and pass appropriate orders as per the directions of this Hon'ble
Court in W.P.No.7594 of 1985 and the proceeding of the first respondent
dated 17.10.2018 by considering the representation of the petitioner
dated 05.10.2018.
2. Heard Mr.D.Balachandran, learned counsel appearing for
the petitioner and Mr.P.Baladhandayutham, learned Special Government
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W.P.No.34862 of 2019
Pleader appearing for the first respondent.
3. The property comprised in Survey No.187/1 and 187/2, ad-
measuring 19.46 acres situated at Chellapillakuttai Village, Omalur
Taluk, Salem District, owned by one P.S.Ranganathan. The petitioner's
father was being the cultivating tenant of the subject property, the said
P.S.Ranganathan, sold out 9.40 acres to the mother of the petitioner
herein on various dates by various sale deeds. The remaining extent of
the land ad-measuring 10.06 acres was under the cultivation of the
petitioner's father. Thereafter, the said P.S.Ranganathan had entered into
an agreement for sale with regard to 5 acres with the petitioner's father on
16.10.1985. The remaining extent of the land ad-measuring 5.06 acres
were sold out to various persons. On the strength of the agreement for
sale, the petitioner's father filed a suit in O.S.No.241 of 1986 for specific
performance and the same was allowed and directed the said
P.S.Ranganathan to execute a sale deed in favour of the petitioner's
father. Accordingly, the sale deed was executed in favour of the
petitioner's father in E.P.No.73 of 2000 in O.S.No.241 of 1986.
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W.P.No.34862 of 2019
4. Originally, the petitioner's father was declared as cultivating
tenant and the same was challenged before the appellate authority by the
said P.S.Ranganathan and it was allowed and the same was challenged
by the petitioner's father before this Court in W.P.No.7594 of 1985 and
by an order dated 14.11.1995, it was set aside and remanded back to the
appellate authority for fresh consideration. However, no order has been
passed and the petitioner's father died on 24.12.2016. In fact, the
petitioner's father filed a suit for injunction and it was dismissed.
Aggrieved by the same, the petitioner's father filed an appeal and the
same was also dismissed in A.S.No.16 of 2018 by the Judgment and
Decree dated 27.08.2019 on the file of the Sub Court, Omalur Taluk,
Salem District. Now, the petitioner claimed the entire extent of the
property, ad-measuring 19.46 acres in Survey No. 187/1 and 187/2
situated at Chellapillakuttai Village, Omalur Taluk, Salem District, on the
strength of the order passed by this Court in W.P.No.7594 of 1985 dated
14.11.1995. Admittedly, thereafter there were so many transactions as
stated supra and no property is available.
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W.P.No.34862 of 2019
5. A perusal of the counter filed by the first respondent revealed
that after the order passed by this Court in W.P.No.7594 of 1985, dated
14.11.1995, the petitioner's father never appeared before the Record
Officer and failed to submit any petition. His father was not declared as
cultivating tenant by the Record Officer, Omalur. That apart, no property
is available now and the petitioner is not in possession of the said
properties.
6. Hence, the writ petition is devoid of merits and is liable to be
dismissed. Accordingly, this writ petition stands dismissed.
Consequently, connected Miscellaneous petition is closed. There shall be
no order as to costs.
15.12.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
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W.P.No.34862 of 2019
To
1. The Thasildhar,
Omalur Taluk,
Salem - District.
2. The Assistant Engineer,
Operation and Maintenance,
Tamil Nadu Electricity Board,
Muthunaickenpatty, Omalur (TK),
Salem - District.
3. The President,
Chellapillai Kuttai Village Panchayat,
Chellapillai Kuttai Village,
Omalur Taluk,
Salem - District.
https://www.mhc.tn.gov.in/judis
W.P.No.34862 of 2019
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.34862 of 2019
and W.M.P.No.35633 of 2019
15.12.2021
https://www.mhc.tn.gov.in/judis
