S ANANDAN Vs. V KANNIAPPAN

JUDGEMENT

(1.) (JUDGMENT of the Court was delivered by P. SATHASIVAM, J.)Aggrieved by the order of the learned single Judge dated 23. 12. 1997 made in W. P. No. 6087 of 1997, the present appellant S. Anandan, who is the third party in the writ proceedings, has filed the above writ appeal.

(2.) HEARD the learned counsel appearing for the appellant, learned Senior Counsel for the first respondent and learned Standing Counsel for respondents 2 and 3.

(3.) CONSIDERING the controversy in dispute between the appellant and the first respondent, we directed the learned counsel appearing for the Tamil Nadu Slum Clearance Board, Chennai, to submit a report. Pursuant to the same, the learned counsel appearing for the Tamil Nadu Slum Clearance Board has filed the report dated 03. 04. 2007, wherein it is stated that Plot No. 723 measuring about 69. 5 sq. mts in Periyar Nagar, which is the subject matter in the writ appeal was originally allotted by respondents 2 and 3 in their order dated 08. 04. 1982 to the first respondent herein-writ petitioner viz. , Kanniappan. The first respondent-writ petitioner Kanniappan had executed an unregistered sale deed dated 04. 08. 1983 to Anandan, the appellant herein. Based on the same, the Plot was sub-divided as Plot Nos. 723 and 723-A and plot No. 723 which measures about 34 sq. mts is in the name of first respondent/writ petitioner-Kanniappan and Plot No. 723-A, which measures about 35. 5. sq. mts is in the name of writ appellant-Anandan.