R. Sasikumar v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.A.No.2547/2013 and M.P.No.1/2013 R.Sasi Kumar ... Appellant/Petitioner -vsThe District Registrar, No.9, Gen's Road, Saidapet, Chennai-15.

... Respondent/Respondent Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order dated 19.02.2013 made in W.P.No.5663/2011 by a learned Single Judge of this Court. Prayer in W.P.No.5663/2011: To issue a writ of certiorarified mandamus to call for the records in the impugned notice dated 31.10.2012 in No.197/A1/2012 on the file of the respondent herein and quash the same and consequently forbear the respondent from initiating or conducting an enquiry in respect of the properties which are subject matter in number of case filed before the civil court as well as Hon'ble High Court. For Appellant : No appearance For respondent : Mr.T.Arunkumar, Government Advocate

JUDGMENT

(Judgment of the Court was pronounced by T.RAJA.J) This Writ Appeal has been directed against the Common Order dated 19.02.2013 made in W.P.No.5663/2011 by a learned Single Judge of this Court.

2.

Although this Writ Appeal was listed frequently before us on the following dates, namely, 08.07.2021, 22.07.2021 and today i.e. on 26.07.2021, no one appeared for the appellant, despite the fact that the appeal was listed to-day under the caption, 'for dismissal'.

3.

At this stage, learned Government Advocate appearing for the respondent brought to our notice the findings given by https://hcservices.ecourts.gov.in/hcservices/

the learned Single Judge in the Common Order dated 19.02.2013 made in W.P.Nos.11317/2002 etc. batch which includes W.P.No.5663/2011 also impugned in this Writ Appeal, against one Rajendra Raja that he was a land grabber and benami of an influential politician, with the help of political influence had attempted to interfere with the possession of the Amaravathy Cranes which is given as under :

''6. The company's Directors had filed a suit in O.S.No.258 of 2009 before the District Munsif, Ambattur against the Rajendra Raja group, who were shown as defendants, seeking for a declaration of title to the property as well as for permanent injunction. Rajendra Raja had also filed I.A.No.877 of 2009 for rejecting the plaint. The Amaravathy Cranes sold a part of the lands in different survey numbers in favour of its family members between the year 1995 and 2002. The patta was also transferred in the name of the individuals in respect of the lands sold and purchased by the company's family members and they are also in absolute possession and enjoyment.

But, however, during July, 2009, the Rajendra Raja group, who was the land grabber and benami or an influential politician with the help of political influence had attempted to interfere with the possession of the Amaravathy Cranes. Initially, a temporary injunction was obtained against them. But subsequently, in C.M.A.Nos.8 and 9 of 2010 on the file of the Sub-Court, Poonamallee, the injunction was vacated. As against the same, the Directors of the company preferred civil revision petition under Article 227 of the Constitution in C.R.P.Nos.1456 and 1457 of 2011.

4.

Be that as it may, since no one appears for the appellant though the writ appeal has been listed thrice before us, we are of the view that the appellant is not interested in prosecuting the matter. Therefore, the writ Appeal is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar tsi To The District Registrar, No.9, Gen's Road, Saidapet, Chennai-15.

+1cc to M/s. Government Pleader, SR No.35966 W.A.No.2547/2013 SJ (CO) B.VC (17.08.2021) https://hcservices.ecourts.gov.in/hcservices/