K RAMANECSWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is for the issue of a writ of certiorarified mandamus calling for the records of the 1st respondent in G.O.Rt.No.70, Revenue Department, dated 25.1.1993 and quash the same.

(2.) THE impugned Government Order came to be passed the 1st respondent upon a petition dated 14.8.1991 filed by the 3rd respondent under Sec.34 of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978) (hereinafter referred to as the Act) seeking revision of the earlier proceedings of the competent authority declaring the excess extent held by the 3rd respondent -s principal one K.P.Kumara Menon and holding that the excess extent shall vest in the Government of Tamil Nadu under the provisions of the Act.

(3.) ACCORDING to the petitioners, they are the owners of the houses and premises bearing Corporation Door Nos.11 and 14, Vandikaran Cross Street, Checkpost, Guindy, Madras -32 respectively, that the area in which the aforesaid property is situate was originally in Velacheri village and has become a Township from about 1963 -64 and that all the properties in that village having been converted into building sites, no agricultural operation whatsoever was being carried on from about 1963 -64. The petitioners would submit that they came to know that the original owner Elliamma Eapen sold the property to Saraswathi K.P.S.Menon under a registered sale deed dated 10.9.1963 as a house site and Saraswathi K.P.S. Menon executed a General Power of Attorney in favour of one C.K.Somasundaram as late as 31.7.1989 empowering to take charge of the property, manage and sell the same as plots to third parties. Another Power of Attorney was executed by Saraswathi K.P.S.Menon in favour of the 3rd respondent on 12.12.1990and general power was given to the3rd respondent to manage the property and negotiate for sale of the same. K.P.Kumara Menon also in his turn executed a Power of Attorney in regard to the property in question. The 3rd respondent in his turn entered into an agreement of sale with Viswanathan and M.S.Govindarajan on 12.12.1990 agreeing to sell the property in question. When the possession of the petitioners was sought to be interfered with, the petitioners filed O.S.Nos.8801 to 8807,8835 to 8842 9284 and 9285 of 1990 in the City Civil Court, Madras, for recovery of possession of the plots.