AMMANI AMMAL Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking to challenge an order dated 10.3.2008 issued by the first respondent District Revenue Officer-cum Additional Executive Magistrate, Erode (wrongly described as Judicial Magistrate by the petitioner in the cause title). By the impugned order, the District Revenue Officer had allowed the revision petition filed by the fourth respondent and confirmed the order of the Zonal Deputy Tahsildar and reversed the order passed by the Revenue Divisional Officer, Erode and confirmed the patta transfer made by the Zonal Deputy Tahsildar, dated 10.6.2006. The petitioner was informed that if she so desires, she can file a further appeal to the Principal Commissioner for Revenue Administration and Disaster Management. The petitioner has not chosen to go before the further appellate authority, but has filed the present writ petition contending that there is no other alternate effective or efficacious remedy.

(2.) Notice of motion was ordered on the writ petition on 16.2.2009. Subsequently, the matter was admitted on 3.1.2011. Pending the writ petition, no interim order was passed though a stay application was filed. On notice from this court, the fourth respondent has filed a counter affidavit, dated 26.2.2010.

(3.) It is seen from the records that the fourth respondent was the bona fide purchaser of the property situated in S.Nos.68/1 and 691/ in Sarkar Periyapalayam village, Perundurai Taluk on 3.4.2006 for a valuable consideration of Rs.33,10,000/-and the same was registered with the Sub Registrar's office at Uttukkuli as document No.783 of 2006. The purchase was made from one K. Duraisamy, who had purchased the property in a public auction held on 08.12.2005 from the Debt Recovery Tribunal, Coimbatore in R.P.No.22/2005 in DRC No.19/2005. It so happened that the said Duraisamy was the tenant on the said property. After purchasing the property from the auction purchaser and after taking possession, the fourth respondent came to know that the property was mortgaged with Dhanalakshmi Bank by M/s. Maker Exports. The writ petitioner had given the property as a collateral security and signed the loan documents. As the loan amounts were not paid, the creditor bank has filed O.A.No.277 of 2000 before the Debt Recovery Tribunal, Coimbatore for recovering a sum of Rs.1,15,81,537/-. The said OA was ordered in favour of the bank and recovery proceedings were initiated in R.P.No.22 of 2005. After issuing the demand notice to the petitioner and after paper publication, an auction was conducted on 08.12.2005. The said K. Duraisamy was the highest bidder. Therefore, the auction was confirmed in his favour and a sale certificate was also issued on the same cay, i.e., 08.02.2006. The possession was taken over on 20.2.2006. The writ petitioner had also participated in the proceedings by engaging her counsel.