E.Kumar v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :07.11.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.Nos.35757, 35758 and 35764 of 2024 1.E.Kumar 2.E.Arulselvan ... Petitioners Vs
1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi District.
2.G.Mohan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorari, calling for the entire records pertaining to the impugned summon in Na.Ka.Aa2/854/2024 dated /04/2024 of the 1st respondent and quash the same. For Petitioners : Mr.E.D.Sethupathi For 1st Respondent : Mr.A.Selvendran Special Government Pleader 1/7
ORDER
The petitioner in this writ petition seeks to quash the enquiry notice issued by the 1st respondent herein, directing the petitioner to be present before him on 07.05.2024 at 3 p.m., for an enquiry that has been initiated on the representation of the 2nd respondent herein stating that the patta in respect of the property comprised in S.No.66/11 measuring an extent of 0.18.0 ares in Bangaram Village, Chinnaselam Taluk, Kallakurichi District has been wrongly issued in favour of Balamurugan S/o.Eswaran instead of G.Mohan S/o.Ganapathy (i.e.,) 2nd respondent herein.
2. Heard the learned counsel on either side.
3. The petitioner would challenge the said notice by stating that the property belonged to one Eswara Gounder, petitioners' father. On his demise, on 01.11.2002, the 1st petitioner along with his mother and three brothers and one sister had inherited the property. Petitioners' 2/7
mother expired on 30.09.2005 and therefore, the 1st petitioner herein and his brothers E.Ravichandran, E.Arulselvan, E.Balamurugan and one sister Latha became the absolute owner of the property. Thereafter, the 1st petitioner and others had released their share in favour of their brother E.Balamurugan under Release Deed dated 13.09.2021 in Document No.4508/2021, he became the absolute owner of the property comprised in S.No.66/11. Thereafter, E.Balamurugan and two others executed Sale Deed in favour of E.Kumar and the said E.Kumar had obtained patta in his favour, he in turn sold the property to one Arulselvan under registered Sale Deed dated 25.10.2023 selling his 0.22 1⁄2 cents out of 0.44 1⁄2 cents. He had also obtained patta in his name and the balance 0.22 cents stood in the name of E.Kumar. Whileso, the notice was issued to E.
Balamurugan who is no longer the owner of the property. The said Balamurugan had appeared before the 1st respondent and informed him that he was no longer the owner of the property and that the property stood in the name of E.Arulselvan (0.22 1⁄2 cents) and E.Kumar(0.22 cents).
the brothers of the said E.Balamurugan. It is for this reason that they had sought to quash the enquiry notice. Although the enquiry notice has been addressed to the said Balamurugan, taking note of the said fact that the said Balamurugan had no interest in the property, the 1st respondent shall issue a fresh notice to the petitioners herein for enquiry. On receipt of the said notice, the respondents shall endeavour to dispose of the application filed by the 2nd respondent, after affording opportunity to both parties to make their submissions and pass orders within a period of six weeks from the date of receipt of the said notice.
4. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently connected miscellaneous petitions are closed.
07.11.2024 Index : Yes/No Speaking order/non-speaking order ssn 4/7
To The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi District.
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P.T.ASHA, J., ssn and W.M.P.Nos.35757, 35758 and 35764 of 2024 07.11.2024 6/7
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