SUNIL KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In the year 1970, one Vijayaragam was assigned land at Alapakkam, Chengalpattu Taluk, Kancheepuram District. However, the assignment was cancelled in the year 1975. Without disclosing the cancellation of assignment, the said Vijayaragam sold the land to Nagalakshmi in the year 1983. The petitioner's father entered into an agreement of sale on 15.07.1995 with the said Nagalakshmi with relation to the aforesaid property. The petitioner's father was not aware about the cancellation of assignment, when he entered into an agreement with Nagalakshmi. When Nagalakshmi failed to execute the sale deed, the petitioner's father filed a suit in O.S.No.54 of 1997 before the Additional Sub-Judge, Chengalpattu for specific performance of the agreement of the sale deed dated 15.07.1995. The said suit was decreed on 31.07.1998.

(2.) The petitioner's father died on 05.07.1999 leaving behind the petitioner, his mother, his brothers and sister as legal heirs. The legal heirs of the petitioner's father filed Execution Petition in E.P.No.100 of 2001 for execution of the sale deed in pursuance to the sale agreement. The said Nagalakshmi failed to execute the sale deed even in the execution proceedings and resultantly, the Additional Subordinate Court, Chengalpattu executed the sale deed on 27.08.2002, registered as Document No.748 of 2002, with the Joint-I Sub-Registrar, Chengalpattu. The petitioner's family is in possession and enjoyment of the property. In these circumstances, the petitioner made a representation dated 22.06.2007 to the respondents 1 to 4 requesting to sell the said property, on collection on market value as provided under Clause 15(25) of the Revenue Standing Orders.

(3.) Since, no order was passed by the fourth respondent, the petitioner has filed the present writ petition praying for a direction to fourth respondent to consider his representation dated 22.06.2007, in the light of the Revenue Standing Order 15(25) and as indicated in the letter of the second respondent dated 10.09.2007 within a time frame.