P BALAKRISHNAN Vs. DISTRICT REGISTRAR TUTICORIN

JUDGEMENT

(1.) This is a writ petition filed by the petitioners, P. Balakrishnan, Jawahar alias Ramakrishnan, R. Annamalai, R. Rangarajan and R. Dhanabalakrishnan alias Dhanasekaran for issue of a writ of certiorari calling for the records relating to the proceedings of the District Registrar, Tuticorin, the first respondent herein made in NO. 1910/B1/17, dt. 28-11-1979 following the decision of the Inspector General of Registration, Madras, the second respondent herein dt. 11-11-1976 in his proceedings No. 62644/B1/14/76 and quash the order therein dt. 28-11-1979.

(2.) In the affidavit accompanying the writ petition, it is inter alia stated by P. Balakrishnan, the first petitioner herein, that Palanisamy Gounder father of the two petitioners and Ramaiyya Nadar father of the petitioners 3 to 5, were brothers, that they jointly owned house properties and agricultural lands having purchased the same in either of their names or in their joint names, that they were enjoying those properties jointly for some time and that after the demise of A.S.K. Ramaiya Nadar his brother, Palaniswami Nadar, the Petitioners 1 and 2 and the petitioners 3 to 5 enjoyed those properties jointly till 31-12-1968. However with effect from 1-1-1969 Palaniswami Nadar and his sons on one side and the petitioners 3 to 5 on the other entered into a family arrangement among themselves, divided the common property into distinguished separate items by metes and bounds and allotted to each sharer specific items of the property and started enjoying them as their own. In pursuance of the said family arrangement, the Municipal taxes in respect of the concerned property, and the land revenue in respect of the agricultural lands were transferred in the name of the respective parties as the case may be. Since 01-01-1969 the land revenue and Municipal taxes in respect of items allotted to each party were paid by the respective parties as the case may be and the concerned parties were enjoying the allotted items separately by themselves by paying the Municipal tax and land revenue accordingly.

(3.) It is further stated in the affidavit that however at the instance of some Panchayatdars, the petitioners 1 and 2 executed a release deed in favour of the petitioners 3 to 5 in respect of the properties allotted to the share of the petitioners 3 to 5 relinquishing their right and interest in the said property by means of a release deed dt. 17-2-1974. The said release deed was registered as document No. 414 of 1974 and registered at the office of the District Registrar, Tuticorin, on 23-2-1974. Similarly the petitioners 3 to 5 executed a release deed in favour of the petitioners 1 and 2 in respect of the properties allotted to the share of the petitioners 1 and 2 relinquishing their rights and interest in the said property by means of a release deed dt. 17-02-1974. The said release deed was registered as document No. 415 of 1974 at the office of the District Registrar, Tuticorin, on 23-2-1974.