GNANASOUNDARY Vs. SPECIAL COMMISSIONER AND COMMISSIONER OF LAND

JUDGEMENT

(1.) THE writ petition is filed challenging the impugned proceedings of the 1st respondent dated 10.02.2003, in which the revision petition filed by the 6th respondent and others has been allowed by the 1st respondent setting aside the order of the District Collector, Chennai dated 11.05.2002, under which the District Collector has directed the Tahsildar to effect change in the patta in favour of the appellants, namely M/s. R. Shanmugam and Dhandapani.

(2.) PETITIONERS 1 to 3 are the legal heirs of the said R. Shanmugam. M. Dhandapani, the 4th petitioner died during the pendency of the writ petition and in his place, his legal representatives were impleaded as petitioners 5 and 6. The said Dhandapani, 4th petitioner and Shanmugam, the husband of the 1st petitioner and father of petitioners 2 and 3 were the adjoining owners of land in question and due to their joint development, they have common interest. The petitioners are the owners of the property bearing Survey No.257 of Velachery Village, measuring an extent of 4.20 acres consisting of 52 plots in the approved layout called "Bala Murugan Nagar". Out of the total extent of 4.20 acres, R. Shanmugam was the owner of 2.10 acres situated on the southern portion and 4th petitioner Dhandapani was the owner of the other 2.10 acres situated on the northern portion. The 4th petitioner Dhandapani got this 2.10 acres on the northern portion by a registered partition deed dated 26.9.1969.

(3.) MRS. Sujatha Rangarajan, learned counsel for the petitioners contended that inasmuch as M/s. Shanmugam and Dhandapani have granted power to C. Krishnamoorthy only in respect of 1.10 acres and 1.00 acre respectively, authorizing him to layout and sell the plots, the said Krishnamoorthy cannot have any right to sub-delegate his powers to another person including Ramesh. Her further contention is that while C. Krishnamoorthy has authorized Ramesh, it can never be expected that Ramesh would have more right than the power agent Krishnamoorthy had and therefore, the alleged sale stated to have been made by Ramesh to Marimuthu Chettiar in respect of the entire extent of 4.20 acres has to be declared as nullity. According to her, the sale of various plots, numbering 52 in the name of "Bala Murugan Nagar" by the son of Marimuthu Chettiar cannot have any legal sanction and the revenue authorities should have considered the same.