B.RAMAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ appeal is directed against the order dated 22.06.2020 in W.P. No.29183 of 2018. The Appellants were the Petitioners before the learned single Judge and had prayed for a writ of mandamus to direct the first and second Respondents to consider the representation of the Petitioners dated 27.07.2018 and conduct an enquiry by following the principles of natural justice, failing which to forward the complaint to the third Respondent to take appropriate action on the complaint of the Petitioners in accordance with the Prevention of Corruption Act , 1988 (the PC Act ).

(2.) The facts leading to the filing of this appeal are as follows. The Appellants took a property in Vellore Town ad measuring about 7.10 acres on lease by Lease Deed dated 09.08.2010, which was executed by B. Sundararajan as lessor, for the purpose of running a cycle stand. The lease was for a term of three years from 09.08.2010 till 08.08.2013 and an advance of Rs.1,00,000/- was paid at the time of execution. Thereafter, the lessor under the said Lease Deed filed a suit against I.Balasundaram for partition of the A & B schedule properties as per the schedule to the plaint in the said suit. By judgment and decree dated 27.04.2011, a preliminary decree was pronounced in favour of the Plaintiff for the division of the suit schedule properties into two equal shares, and a declaration was issued to the effect that the Plaintiff therein is entitled to 1/2 share of the suit schedule property. Thereafter, the first Appellant entered into an agreement of sale dated 14.03.2014 (the Agreement of Sale) with a partnership firm under the name and style of M/s. Jyothirmaye Estates, represented by its Managing Partner, Mr.Brahmandam Danda. As per the terms of the Agreement of Sale, the first Appellant herein agreed to purchase two items of property, namely, (1) at T.S. No.175 Part of Block No.3 and Ward No.1 of Vada Vellore Town Village, Vellore Taluk, ad measuring 4 acres and 66 cents; and (2) the vacant lands comprised in T.S.No.158, T.S.No.172 and T.S.No.173, Block No.3 and Ward No.1 of Vada Vellore Town Village, Vellore Taluk, ad measuring 1 acre 34 cents for a total sale consideration of Rs.60 crores. At the time of execution of the Agreement of Sale, a sum of Rs.10,00,000/- was paid in cash as advance and it was stipulated in the Agreement of Sale that the sale transaction would be completed within one year from the date thereof. Subject to and upon receipt of the balance sale consideration, the vendor agreed to execute the sale deed in respect of the schedule mentioned property in favour of the purchaser or his nominees, which broadly corresponds to the property that was subject matter of lease.

(3.) Pursuant thereto, a memorandum of understanding dated 22.09.2017 (the MoU) was executed between Mr.J.Sekar, the 5th respondent herein, the Appellants herein, and Mr.Brahmandam Danda, the Managing Partner of M/s. Jyothirmaye Estates. The recitals state that the property was acquired from Mr. Sundararaman's family upon his demise by Mr. Brahmandam Dandam under various sale deeds executed on 14.03.2014. As per the terms of the MoU, the 5th Respondent herein agreed to take over the assets and liabilities of the partnership firm, M/s.Jyothirmaye Estates, and proposed to acquire the 50% share in the said partnership firm from Mr.Brahmandam Danda. The Appellants herein agreed to survey and demarcate the land, provide all revenue records, FMB sketches and cause the owners of the land to execute necessary documents to vest the land in the names of persons nominated by the 5th Respondent herein. The 5th Respondent agreed to pay a sum of Rs.19 crores as development and commission charges and also to release all rights and claims over the schedule mentioned property to the Appellants herein. The transaction under the MoU was agreed to be concluded within one month from the date of execution thereof. The MoU also contains an arbitration clause in respect of dispute resolution.