D.KOTHAI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The common petitioner in these two writ petitions assails an order dtd. 29/11/2016 of the fifth respondent-Tahsildar, Aruppukottai, in W.P(MD).No.19124 of 2021 and a settlement deed dtd. 9/12/2016 in W.P(MD).No.19125 of 2021.

(2.) The petitioner is the daughter of Mr.T.R.Dhinakaran, who is arrayed as a respondent in both these writ petitions. The petitioner states that her grandfather, the late Sadhu T.Ramasamy Naicker, had two wives and the petitioner is an heir through the second wife. The petitioner relies upon an arbitral award dtd. 23/2/1996 by which the properties of the extended family were partitioned between the five different groups of the family. The said award was pronounced under the Arbitration Act, 1940. Consequently, such award had to be converted into a decree of Court by filing an appropriate petition before the High Court. The petitioner states that O.P.No.279 of 1996 was filed for such purpose. Meanwhile, two siblings, namely, T.R.Varadharajan and T.R.Kannan challenged the said award. By a common order dtd. 7/10/1998, the High Court converted the arbitral award into a decree and dismissed the petitions challenging the award. The said common order was assailed by filing original side appeals. The said appeals were subsequently dismissed as withdrawn by an order dtd. 29/7/2010. According to the petitioner, as per Annexure IV of the award, the assets of Shri Ramalinga Mills Press Factory (SRM Press Factory) were allotted to Group 'B', namely, her father, Mr.T.R.Dhinakaran, and the the assets of Shri Pattabhi Textiles to Group 'C', namely, Mr.T.R.Varadharajan. The petitioner asserts that the award clearly describes the property allotted to Group B consisting of land admeasuring 5 acres and 20 cents and the property allotted to Group 'C' consisting of land admeasuring about 4 acres and 67 .

(3.) Pursuant to the award, the petitioner states that property tax was assessed as regards the above mentioned 5 acres and 20 cents in the name of Shri Ramalinga Mills Pvt. Ltd. and her father. The electricity service connection also stands in the name of Shri Ramalinga Mills Pvt. Ltd. In addition, the petitioner states that shopping complexes were constructed on the said land after obtaining requisite building permits in respect thereof.