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Madras High CourtWMP/16623/2022allowed

K.K.Ramesh v. K.P.Moorthy

2022-11-23Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar3 pages

THE HON'BLE ACTING CHIEF JUSTICE and D.KRISHNAKUMAR, J.

(Order of the Court was made by The Hon'ble Acting Chief Justice) Mr.K.K.Ramesh, S/o S.Kempaiyan Gounder has filed this petition praying to get himself impleaded as one of the necessary parties in the Writ Petition No.12520 of 2022.

2. Learned counsel appearing for the petitioner submitted that when the above writ petition has been filed by the first respondent/writ petitioner against the private respondents arraying them as the original land owners/promoters/builders of the subject property measuring 2.81 acres in S.F.No.560/1 and 20 cents in S.F.No.561/1 of Uppilipalayam Village, Coimbatore East Taluk, unfortunately, the writ petitioner has not impleaded the petitioner herein, who is the present owner of the property, as one of the necessary parties. The reason is that when the petitioner and his wife Mrs.R.Vennila had jointly purchased the house in new Plot No.6-C (Old No.C6) measuring 2650 sq.ft., from one Mrs.V.Sivanthi Shyla under the

sale deed dated 14.07.2017 and continue to be in possession and enjoyment of the said house in Plot No.6-C of Golden Enclave right from the date of purchase, the petitioner should have been impleaded as one of the necessary parties to the writ proceedings. Therefore, the petition seeking impleadment may be allowed, she pleaded.

3. Heard the learned counsel appearing for the first respondent and the learned State Government Pleader for the respondents 2 & 3.

4. Since we find that the petitioner is a necessary party, the miscellaneous petition is allowed as prayed for. (T.R.,A.C.J.) (D.K.K.,J.) 23.11.2022 ss

THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR, J.

ss W.M.P.No.16623 of 2022 in W.P.No.12520 of 2022 23.11.2022