ORDER

(Order of the Court was made by The Hon'ble Acting Chief Justice)

This writ petition was filed in 2021 by one M.Arumugam, S.o.Muniyan, to quash the impugned order dated 18.11.2019 passed by the Sub-Collector/Revenue Divisional Officer, Tindivanam, the first respondent herein, with a consequential direction to the official respondents to implement the order passed by the first respondent dated 30.11.2016 in the light of the order passed in M.C.No.14 of 1976 dated 04.04.1977, by which the Executive Magistrate directed the trespassers to be evicted and as confirmed by this Court in Crl.R.C.No. 310 of 1977 and Crl. Revision Petition No.309 of 1977 by order dated 05.01.1979 and by the consequential proceedings dated

27.08.1979 by the Sub-Collector, Tindivanam.

2. Mr.PL.Narayanan, learned senior counsel appearing for the petitioner, submitted that this matter has been pending for quite a long time at the instance of the private parties, namely, respondents 5 to 13, inasmuch as when the property being a house property having an extent of 2748 sq.ft. of land has become the subject matter of judgment and decree passed in O.S.No.374 of 1967 dated 19.12.1967 by the District Munsif Court, Tindivanam, which became final in the year 1969. The learned senior counsel submitted that one Angammal and her grand daughter Radhabai Ammal borrowed a sum of Rs.7,000/- from one Govinthasamy Reddiyar by way of a promissory note and the suit filed in O.S.No.374 of 1967 was decreed on 19.12.1967 and vide execution proceedings in E.P.No.618 of 1968, the property was sold away in a public auction to one Dakshinamurthy and sale certificate was also issued on 24.04.1969 which was also registered at the Sub-Registrar Office, Tindivanam. Finally, the delivery of possession of the property was also effected with police aid on 08.07.1976 to the said Dakshinamurthy.

3. It is submitted by the petitioner that after the delivery of possession, the legal heirs of Angammal and Radhabai Ammal along with henchmen trespassed into the property on 01.08.1976. On an application filed under Section 145 Cr.P.C. in M.C.No.14 of 1976, the Executive Magistrate, while allowing the application by order dated 04.04.1977, directed the trespassers to be evicted. However, the implementation of the said order could not be made in view of several interlocutory proceedings and appellate proceedings taken out by the respondents/trespassers. The challenge to the said order in M.C.No.14 of 1976 before this Court was also dismissed by order dated 05.01.1979 in Crl.R.C.No.310 of 1977. Despite the aforesaid judicial orders, the trespassers could not be evicted and they continue to do their illegal business like selling of arrack, in spite of they being subjected to several criminal proceedings. Finally, the Executive Magistrate, Tindivanam, vide his proceedings dated 27.08.1979, directed the Inspector of Police to restore the possession of the property to the petitioner and report compliance.

4. The learned senior counsel submitted that the aforesaid order of the Executive Magistrate, Tindivanam, could not also be enforced and hence, the auction purchaser, Dakshinamurthy, filed O.S.No.32 of 1984 before the Sub Judge, Tindivanam, which was re-numbered as 464 of 2009, for declaration and recovery of possession and mesne profits. However, the said suit is also kept pending for almost 39 years for the reason that the defendants therein applied all sorts of delaying tactics. In the meanwhile, the respondents/trespassers also attempted to sell the property by entering into a registered agreement of sale with one Suresh, S/o.Vijayaraj on 07.03.2014. On 15.03.2014, the legal heirs of the auction purchaser, Dakshinamurthy, sold the property to one Annammal, but the registration of the sale deed was kept pending in view of the challenge to the same by the respondents/ trespassers. Two writ petitions were filed before this Court, one by the said Annammal in W.P.No.9064 of 2014 seeking to register the s