J MARADEE FREE TRADE ZONE PRIVATE LTD Vs. TAHSILDAR OFFICE OF TAHSILDAR SRIPERUMBADUR TALUK KACNHEEPURAM DISTRICT

JUDGEMENT

(1.) ALL three writ petitions are filed to set aside the order of the first respondent dated 31.08.2009 in and under which he has ordered transfer of patta in respect of survey numbers in question.

(2.) AS all the three writ petitions are against the same order and are for identical relief, though based on slightly different set of facts, all the three writ petitions are being disposed of by common order.

(3.) THEREAFTER, the 1st respondent has sent his report on 26.2.09 along with his letter No.Na.Ka.4624/2008 to the second respondent. The second respondent/Revenue Divisional Officer on receipt of such report has in his proceedings No.1628/2008-A2 dt. Nil July 2009 directed the 1st respondent to hold fresh enquiry and to decide the issue in the light of the order dated 08.07.2009 made in EP in OS.14 of 1991 passed by the District Munsif, Sriperumbudur. THEREAFTER, the 1st respondent issued notice to all the parties concerned to appear before him on the hearing date along with their objections. While according to the petitioner in W.P.No.18488 of 2009, he appeared before the 1st respondent through his representative and recorded his objections but he was not called for further hearing other two writ petitioners say that they are not at all given any notice for the enquiry before the first respondent. But the first respondent proceeded with the enquiry and passed the impugned order thereby directing transfer of patta in the name of 3rd respondent/Munusasmy Naicker in respect of the lands which are the subject matter of EP.No.32 of 1998 subject to condition that transfer of patta in the name of 3rd respondent Munusamy is subject to the outcome of the suits filed by Tmt.Yasodha and Thiru.Gajendran resulting in cancellation of the same in the event of any adverse order passed against him in O.S.Nos.207 of 2008 and 208 of 2008 filed by Tmt.Yasodha and Thiru.Gajendran. The correctness of such order is now challenged before this court in all these three writ petitions.