S BETRAI GOWDER Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE above Writ Petition has been filed by the petitioner, praying to issue a Writ of Certiorari to call for the records in Na. Ka. G. No. 74892/97 dated 21. 4. 1997 on the file of the third respondent and quash the same.

(2.) IN the affidavit filed in support of the above writ petition, the petitioner would submit that he has purchased the land measuring 50 cents comprised in R. S. No. 849 of Ootacamund Town from the husband of the 5th respondent, one S. Rangappan under a registered sale deed 26. 12. 1964 and ever since he is in continuous possession and enjoyment of the said piece of land having put up a small shed thereon; that the fourth respondent after observing all the formalities, by an order dated 21. 6. l996 sub divided the extent purchased by him as R. S. No. 849/3 in the presence of the petitioner, the fifth respondent, her husband, her son and also a neighbouring land owner.

(3.) THE further case of the petitioner is that while so, the fifth respondent has issued a notice dated 17. 1. 1997 to the fourth respondent, marking copies to the petitioner, the second respondent and the Sub-Collector, Coonur, stating that she has purchased an extent of 1-4/8 acre out of a total extent of 3. 27 acres in R. S. No. 849 in Ootacamund Town under a registered sale deed dated 29. 11. 1967 and she has been in possession of the property having put up construction thereon and that the sub-division effected by the fourth respondent without notice and without making any spot verification in spite of her objections and hence is not at all binding on her and that she requires a copy of the order of sub-division so as to enable her to prefer necessary appeal before the concerned authorities; that the petitioner sent a reply dated 21. 1. 1997 to the fifth respondent marking copies to the second respondent and the Sub-Collector Coonoor.