Y ANKINEEDU PRASAD REP BY HIS POWER OF ATTORNEY Vs. INSPECTOR GENERAL OF POLICE,CBCID GUINDY INDUSTRIAL ESTATE, CHENNAI

JUDGEMENT

(1.) Challenge in this Writ Petition is to the proceedings of the first respondent dated 23.04.2010 followed by the order passed by the second respondent dated 30.08.2010 and consequentially to direct the fourth respondent to register the Deed of Conveyance pertaining to the lands in Survey No.498/5A1, measuring an extent of 1.16 acres, 498/2A2B, part 0.05 acres, Survey No.494/2A3B-0.32 acres, Survey No.498/8 measuring an extent of 0.22 acres, totalling 1.75 acres and the balance 9 plots in Survey No.507/1, measuring an extent of 0.04 acres and Survey No.507/2, measuring an extent of 0.67 acres of Morai Village, Avadi Village.

(2.) The case of the petitioners is that the second petitioner is the Power of Attorney of the first petitioner, who is one of the Directors of M/s.Amaravathi Cranes and Sructurals Ltd. It is stated that the said M/s.Amaravathi Cranes and Sructurals Ltd., (in short, 'ACSL') had purchased the lands in question under valid registered Sale Deeds in the year 1965 from various land owners for valuable consideration and became the lawful owner of the lands. They have been paying the taxes like kist, Urban land tax over 40 years. There was grant of Settlement patta issued in the year 1976 under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 in favour of ACSL and it became final, after due process of law. As the Company was not doing very well, the Directors of the Company, namely, the first petitioner and one Y.Padmanabha Prasad lent money to the Company from their family funds. Since the Company did not have funds to repay the loans advanced by the Directors, they decided to sell 90 acres of the land of the Company to them. The first petitioner and Y.Padmanabha Prasad had paid the balance sale consideration to the Company and registered the lands in their names and their nominees in the year 1995 under six different sale documents each approximately 14.98 acres. Thus, the first petitioner claims to be the absolute owner of the lands in Survey Nos.498/5A1B3, 494/2A2B2, 494/2A3B, Survey No.507/1, 507/2, 507/7A and 514/9B1A1 along with other lands in other Survey numbers, totalling 14.98 acres in Patta No.1902.

(3.) While so, on 10.12.2001, the first petitioner entered into an agreement with one M/s.Aysha Real Estate to develop the lands purchased from the Company. On 14.12.2001, the first petitioner received a letter from the said Aysha Real Estate stating that one Shankar, Soundar, M.V.Anbu and Ramesh along with their henchmen trespassed into the lands and threatened them with dire consequences. Hence, the first petitioner lodged a police complaint against the said persons and an FIR was also registered. Subsequently, it was charge sheeted in Calender Case No.397 of 2003 and the same is pending before the learned Additional Judicial Magistrate No.I, Poonamallee.