RANGANAYAKI Vs. MEMBER SECRETARY

JUDGEMENT

(1.) The petitioners has joined together and filed the present writ petition seeking writ of certiorarified mandamus to call for the records pertaining to the approved layout in S.No.35/1, 35/2A pt & 36 of Chettiyar Agaram Village, Then Saidapet Taluk, Chengalpet District, now Maduravoyal Taluk and Chennai District, which they have alleged to have been purchased from one Kirubanidhi through his Power Agent - Mahadevan.

(2.) Facts involved in this case, as narrated by the petitioners in their affidavit, indicates that one Kirubanidhi who was the owner of the vast extent of the land in S.Nos.35/1, 35/18, 35/19 & 35/21, 35/20B & 35/21B , Chettiyar Agaram Village, Then Saidapet Taluk, Chengalpet District, now Maduravoyal Taluk and Chennai District, has executed a Power of Attorney deed in favour of Mahadevan on 08.06.1981. The said power of attorney deed being coupled with interest more particularly power to plot out the land and sell it @ Rs.7,000/- per plot within six months or @ Rs.5,000/- thereafter, if plots are not sold, towards discharge the loan of Rs.1,65,000/- availed by the Principal - Kirubanidhi from the agent Mahadevan.

(3.) Pursuant to this power of attorney deed, a portion of the land has been sold out by the Power Agent. Thereafter, some misunderstanding between the Principal and Power Agent has been cropped up crept out which has led to filing of suit in O.S.No.554 of 1983 before the District Munsif Court, Poonamallee, by the Power Agent against the Principal. It is a suit for permanent injunction to restrain the Principal - Kirubanidhi from alienating the property. The said suit was decreed in favour of the Power Agent also confirmed by the First Appellate Court and the Second Appellate Court.