NALLI KUPPUSWAMI CHETTI Vs. TAHSILDAR

JUDGEMENT

(1.) Petitioner is carrying on wholesale and retail trading in cloth and garments for over 60 years in the name and style Nalli Chinnasami Chetty silks at No.9, Nageswaran Road, T.Nagar, Chennai-600 017.

(2.) The above property was purchased by his father late C.Narayanaswami Chetty under sale deed dtd. 3/8/1950, bearing regisration No.536/1950, registered at the office of Sub Registrar Office of Thyagarayanagar. After the demise of the petitioner's father on 19/8/1953, the petitioner and his mother succeeded to the property and after the demise of his mother on 6/5/1995, the petitioner has been enjoying the property as his own. All the revenue records stand in his name. While so, an impugned revenue recovery proceedings came to be issued on 24/6/2013, which he challenges in the present writ petition.

(3.) The respondent would contend that the petitioner happened to be the son in law of one S.R.G.Ranganathan, Proprietor of M/s. Nalli Starch and Glucose Industries Limited, furnishing the address as No.9, Nageswararao road, T.Nagar, Chennai-600 017 as his company address. Due to the default committed by him the Andhra Pradesh Industrial Development Corporation Limited, Hyderabad to the tune of Rupees Three Crores, Twenty lakhs (Rs.3,20,00,000.00) a letter was addressed by them to the District Collector of Chennai to collect the amount from the guarantor/legal heir of the defaulter S.R.G.Ranganathan under the Revenue Recovery Act. Accordingly, the District Collector addressed the respondent to collect it from the legal heir Lakshmi Ammal wife of S.R.G.Ranganathan, whose address was furnished as No.9, Nageswararao road, T.Nagar, Chennai-600 017. Since the wife of S.R.G.Ranganathan did not settle the dues, they issued letters to the petitioner's wife to recover it from her. The petitioner wife by a letter dtd. 26/6/2013, submitted that the defaulter S.R.G.Ranganathan expired on 27/12/1995 and his wife Lakshmi Ammal expired on 5/8/2011 and that she was not liable for any dues as the property belongs to Nalli Kuppusamy Chetty, who is the petitioner herein and to withdraw the Distraint order.