DISTRICT COLLECTOR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The first respondent, in both the writ appeals viz., Tmt.Gunasundari, filed a writ petition in W.P(MD)No.25557 of 2018 for the issuance of a writ of Certiorarified Mandamus to quash the impugned order of the second respondent dtd. 12/12/2018 and further to direct the Tahsildar to restore the patta in the name of the petitioner, in respect of the land in Survey Nos. 101/11 and 101/12 situated at Alathur village, Avudaiyar Kovil, Taluk, Pudukottai District. The said writ petition was allowed by the learned Single Judge of this Court, by order dtd. 11/3/2019. Against which, the appellants filed a review petition in Rev.Apl(MD)No.76 of 2019. By the time, the writ petitioner died and therefore, the respondents 2 to 5 were impleaded. The review application was also dismissed by the learned Single Judge, by order dtd. 18/9/2019. Aggrieved by the order in the writ petition, writ appeal in W.A(MD)No.1588 of 2019 is filed and against the order in the review application, writ appeal in W.A(MD)No.1201 of 2019 is filed by the appellants, who are the respondents in the writ petition in W.P(MD)No.25557 of 2018.

(2.) While entertaining the writ appeals, this Court granted interim stay of further proceedings in pursuant to the order in the writ petition as well as the review application in the independent appeals. Earlier, when the matter was heard by the Division Bench, lead by then Hon'ble the Acting Chief Justice, nominated the learned counsel Mr.H.Arumugam, as Amicus Curiae, to assist the Court. The Hon'ble Division Bench also considered, the issue whether the cancellation of assignment has to be informed to the Registrar, so that any purchaser may know as to whether the assignment has been cancelled or not. Since the purchaser from the assignee will be in dark about the cancellation of the assignment in the interest of public, the Hon'ble Division Bench wanted assistance from Amicus Curiae to pass appropriate orders.

(3.) Heard Mr.Veera Kathiravan, learned Additional Advocate General appearing for the appellants, Mr.G.Prabhu Rajadurai, learned counsel appearing for the respondents 2 to 5 and Mr.H.Arumugam, nominated by this Court to assist the Court as Amicus Curiae. Facts of this case: