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2008 Supreme(Mad) 2339

SUDHANSU JYOTI MUKHOPADHAYA, V.DHANAPALAN
Adhimoolam & Others – Appellant
Versus
Indian Bank & Others – Respondent


Advocates appeared:
For the Petitioners:AR. L. Sundaresan, Senior Counsel, for M. Basker, Advocate.
For the Respondents:R1, Jeyesh B. Dolia, for M/s. Aiyar & Dolia, R2, T.V. Ramanujam, Senior Counsel, for M/s. R. Harishankar, R3, Nalini Chidambaram, for M/s. S.R. Rajagopal, Advocates.

Judgment

V. Dhanapalan, J.

Petitioners have filed these two Writ Petitions, praying for issuance of a writ of certiorari, to call for the records of the fourth respondent pertaining to the order, dated 312. 2007, passed in M.A.No.124 of 2007 in D.R.C.No.187 of 2001 in O.A.No.375 of 1997 and quash the same.

2. The facts, which led to the filing of these Writ Petitions, are as follows:

2. 1. Petitioners are the owners of an extent of 12.03 acres of land in Okkiyam Thoraipakkam Village. On 12.05.1992, the petitioners executed a Power of Attorney in favour of Palaniappa Estates, represented by its Proprietor PL.Sundaram, by which they gave the power to the agent to develop the land to sell the same, to raise finance by deposit of title deeds and other encumbrances and to construct houses, flats, apartments and do all other things, which the Power Agent, in his absolute discretion, may think fit. The Power Agent is doing real estate business and has intended to develop the land by making lay out and undertaking construction on the said property. He has also taken possession of the entire property.

2. 2. For the purpose of developing the land, the petitioner approached the second respond
































































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