S MUTHURAMALINGAM Vs. DISTRICT COLLECTOR, SIVAGANGAI DISTRICT

JUDGEMENT

(1.) The writ petitioner is the appellant, who preferred the appeal aggrieved by the order of the learned Single Judge dated 12.04.2016 passed in W.P.No.6000 of 2016.

(2.) The writ petitioner/appellant claimed his title through the sale deed 208.2002 executed by one Periyannan and P.Somasundram to the extent of lands in survey No.131/2B - 1.47.5 Ares and S.No.131/6B - 0.17.50 Ares. The vendors of the writ petitioner/appellant purchased the same in the year 1958 under sale deed No.189/58, dated 18.11.1958, from Periyasamy Konar. It is stated that from the year 1958 till the same was sold to the writ petitioner/appellant, the said Periyannan was in peaceful possession and enjoyment of the property. It is seen from the records that there was a sub division of the properties and patta was transferred in favour of the petitioner's vendor on 19.07.200

(3.) While so, without the knowledge of the writ petitioner/appellant, the fourth respondent got registered a Power of Attorney in his favour from Rasu, Bose and Ramachandran, who are the children of the writ petitioner/appellant's vendor. With the help of the said Power of Attorney, the said order of the third respondent dated 19.07.2002 was challenged by the fourth respondent vide an appeal petition dated 25.11.2002. It is stated that as the writ petitioner/appellant's vendor Periyannan did not have any right on the said date, the Sub Collector, Devakottai, passed the order dated 18.08.2004, in Mu.Mu.(A1) 3528/03, cancelling the order dated 19.07.2002. Notice in the said appeal petition was given to the vendor of the writ petitioner/appellant, but the writ petitioner/appellant, being the subsequent purchaser, was not issued with any notice. A review petition has been filed against the said order by the vendor of the writ petitioner/appellant, which was dismissed by the District Revenue Officer, Sivagangai, in Na.Ka.No.20634/2004 dated 11.09.2006, holding that there was no sufficient document produced by the review petitioner.