This Writ Petition has been filed praying for a Writ of Declaration to declare that the sub-division of S.No.139/7B2 with an extent of five cents from out of S.No.139/7B at Keeramangalam North Village, Alangudi Taluk, Pudukottai District is void and consequently directing the respondents to dismantle the fence put up on 17.02.2014.

2. The case of the petitioner is that an extent of 0.51.0 hectare of land in Survey No.139/7A and an extent of 0.07.5 hectare of land in Survey No. 137/7B of Keeramangalam North, Alangudi Taluk, Pudukottai District belonged to one Dharmalingam of Chinna Retta Vayal Village, Peravoorani Taluk, Thanjavur District. After his death, his wife and daughters filed a partition suit in O.S.No.116 of 1996 at Sub-Court, Pudukottai and it was decreed. The plaintiffs and defendants 1 to 6 in that suit were the legal heirs of the deceased Dharmalingam and others were tenants as well as purchasers pendelite. While so, one Balasundaram who was the first defendant in the suit is entitled to 16 cents as a share holder and his wife Rajambal who was the seventh defendant was entitled to 16 cents by purchase. In the year 2001, the said Balasundaram and Rajambal had sold away 30 cents to one shanmugam retaining two cents. The said shanmugam sold away major portion to eight persons including the petitioner and the second respondent herein. Interestingly, the second respondent had purchased the property on 13.02.2012 long after the purchase dated 13.12.2001.

3. While the situation stood thus, in the above-said suit for a partition final decree petition was filed in I.A.No.63 of 2000 by the plaintiffs thereto and in that Shanmugam filed I.A.No.44 of 2004 to get himself impleaded. However, the same was dismissed by the court below. Challenging the same, he filed a Civil Revision Petition in CRP(MD).No.1674 of 2004, which is pending before this Court. The petitioner is the 40th respondent and the second respondent herein is not at all a party in the proceedings nor has he filed any petition in order to be allotted the property purchased by him to his share in equity. However, by colluding with the first respondent, he has subdivided about five cents purchased by him with a separate sub-division without notice to the petitioner. Further, he fenced the said property even though an objection was raised before the first respondent. Taking advantage of the fencing, he is arranging for putting up construction and digging trench for construction. Having been left with no other remedy, the petitioner is before this Court for the relief stated supra.

4. Pending the Writ Petition, the petitioner has filed for an order of interim injunction. This Court, by its order, dated 05.03.2015, had granted an order of interim injunction only for putting up of construction alone, for a period of three weeks.

5. On appearance, the second respondent filed a vacate stay petition stating that he purchased the land property in S.F.No.139/7B2 at Keeeramangalam North Village, Alangudi Taluk, Pudukkottai District. The Writ Petitioner and one Kannan have purchased shop No.14 in S.F.No.139/7A at Keeeramangalam North Village, Alangudi Taluk, Pudukkotai during the pendency of final decree proceedings in O.S.No.116 of 1986. While so, the Writ Petitioner and the said Kannan wanted to purchase the land of the second respondent for a meagre amount and thus, the second respondent approached the civil court seeking injunction against Kannan and others in I.A.No. 113 of 2013 in O.S.No.52 of 2013 on the file of the Learned Sub-Court, Pudukkottai and the same was granted on 28.01.2013 and the same is in force till date. Thereafter, the second respondent filed Crl.O.P(MD).No. 4069 of 2014 before this Court seeking police protection and the same was granted on 18.03.2014. In these circumstances, the first respondent issued notice to both parties to resurvey the land as per sale deed but the same was questioned by the Writ Petitioner thorough a Writ Petition in W.P.(MD)