LALITHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the respondents 2 and 3 pertaining to the impugned auction notice dtd. 15/6/2008 and dtd. 16/6/2008 and to quash the entire proceedings of auction and sale of the lands comprised in No.4 A measuring 3600 sq.ft. in R.S.No.93/2, Block No.35, Town Survey No.53 bearing Paimash No.318/A1, 319/B, 347/A, 348/B2 and also 348/C in Thiruvanmiyur Village, Chennai District, the second petitioner's plot comprised in Plot No.3, measuring 5250 sq.ft., in R.S.No.93/2 admeasuring 2450 sq.ft., in the Registration Sub District of Saidapet and in the Registration District of Madras - Chinglepet and consequential Sale Deed executed by the fifth respondent to and in favour of the sixth respondent on 11/5/2009 registered as Document No.4474 of 2009 in the Sub Registrar Office, Saidapet and to issue direction to the respondents 1, 2 and 3 to re-convey the lands of the petitioners father comprised in No.4 A measuring 3600 sq.ft., in R.S.No.93/2, Block No.35, Town Survey No.53 bearing Paimash No.318/A1, 319/B, 347/A, 348/B2 and also 348/C in Thiruvanmiyur Village, Chennai District, the second petitioner's plot comprised in Plot No.3, measuring 5250 sq.ft., in R.S.No.93/2 in the Registration Sub District of Saidapet and in the Registration District of Madras - Chinglepet.

(2.) The case of the petitioners is that the petitioners are sisters and the seventh respondent is their brother. They are the legal heirs of one Late.Balasubramanian and the lands comprised in No.4 A measuring 3600 sq.ft. in R.S.No.93/2, Block No.35, Town Survey No.53 bearing Paimash No.318/A1, 319/B, 347/A, 348/B2 and also 348/C in Thiruvanmiyur Village, Chennai District were purchased by their father on 16/7/1962 vide registered sale deed bearing document no.1807 of 1962 on the file of the Sub Registrar, Thiruvanmiyur, Chennai. The petitioners father died intestate leaving behind the petitioners, seventh respondent and their mother Rukmani Ammal as his legal heirs. The second petitioner purchased the lands in Plot No.3, measuring 5250 sq.ft., in R.S.No.93/2 admeasuring 2450 sq.ft., in the Registration Sub District of Saidapet and in the Registration District of Madras - Chinglepet and she is the absolute owner of the said lands.

(3.) The further case of the petitioners is that the petitioners are living outside Tamil Nadu and they could not visit the property prolifically. When they visited the lands, they were informed that the lands were under acquisition by the Tamil Nadu Housing Board. The petitioners had no knowledge about the acquisition proceedings. Hence, the petitioners took efforts to collect the documents and encumbrance certificates of the properties. Thereafter, the petitioners received a letter from the third respondent dtd. 5/2/2009 informing them that their properties were already brought to auction.