P.S.N.APPASAMY Vs. SOLAI LUNGI COMPANY

JUDGEMENT

(1.) W .A.No.23 of 2011 - Being aggrieved by the order dated 16.11.2009 in W.P.No.13319 of 2009 directing the 5th Respondent Tahsildar, Gummidipoondi to consider the representation of the 1st Respondent dated 29.12.2008, Appellant has preferred the Appeal.

(2.) W .P.No.24945 of 2010 - Challenging the Memo of 3rd Respondent in R.C.8173/2009 dated 20.09.2010 calling upon the Appellant to furnish the documents, Appellant has filed the Writ Petition. Since the issue involved and the parties are one and the same, both Writ Appeal and the Writ Petition were heard together and disposed of by this common judgment. For convenience, the parties are referred as per their array in the Writ Appeal.

(3.) THE above mentioned properties were sold by K.T.Kuruvilla and his wife Mariammal and Dr.Alley Thomas to K.C.Thomas, Cherian George and Shaana Thiruchelvam on 19.7.1982 under Document Nos.2203, 2204, 2205 and 2206 of 1982 respectively. In I.P.No.38 to 40 of 1990, the said lands belonging to K.C.Thomas and three others (insolvents) were brought to sale by the order of the High Court and the sale was confirmed by the Official Assignee. The Official Assignee executed the sale deed infavour of K.Poovanam, Mathiharan, Neelambaram, Kavitha, KKR Palm Oil, represented by its Managing Director Mathiharan. The said Poovanam and others sold an extent of 142.66 acres to Onkar Garden Private Limited, represented by Rathan Kumar by sale deed dated 26.3.2003 (Doc. No.430 of 2003). In the said sale deed, in S.No.80, an extent of 58.72 acres and in S.No.81, an extent of 55.74 acres, totalling 114.46 acres were sold. Tt appears that larger extent in S.Nos.80 and 81 were sold to Onkar Garden Private Limited under the said sale deed (26.3.2003). Appellant-M/s.Appasamy Associates and Group of Companies, represented by its Managing Partner P.S.N.Appasamy purchased the land from Onkar Garden Private Limited under sale deed dated 01.09.2006 (Doc. No.1340 of 2006). Appellant claims that ever since the purchase, they are in possession of the property and paying the taxes to the Government. Appellant is said to have applied for transfer of patta and after due consideration, pattas were issued to them in Patta No.677.