IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDERS RESERVED ON : 07.11.2023 ORDERS PRONOUNCED ON : 01.12.2023 CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.14635 of 2017 and W.M.P.Nos.15873 & 15874 of 2017 A.E.Giridharan ...Petitioner -Vs-

1.The Additional District Magistrate-cum-

District Revenue Officer, Coimbatore - 641 018.

2.The Special Deputy Collector (Revenue), Coimbatore.

Having office at Trichy.

3.The Tahsildar & Tenancy Record Officer, Pollachi - 642 001.

4.S.Uma Maheswari

5.A.E.Srinivasan ...Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records relating to the order dated 24.03.2004 of the 3^rd respondent/Tahsildar & Tenancy Record Officer, Pollachi-642 001 in T.R.No.5 of 2004 as confirmed by the order dated 19.04.2013 of the 2^nd respondent/Special Deputy Collector (Revenue), Coimbatore, at Trichy in A.P.No.15 of 2010 and that of the order dated 05.07.2016 of the 1^st respondent/Additional District Magistrate Cum District Revenue Officer, Coimbatore, in Ni.Mu.2003/2014/E1 quash the same.

For Petitioner : Mr.A.S.Vijayaragavan For R1 to R3 : Mr.V.Veluchamy Additional Government Pleader For R4 & R5 : Mr.R.Kannan

O R D E R

The writ petition is filed for issuance of a Writ of Certiorari by quashing the order of the 3^rd respondent/Tahsildar & Tenancy Record Officer, Pollachi-642 001, dated 24.03.2004 in T.R.No.5 of 2004, and the same is confirmed by the 2^nd respondent/Special Deputy Collector (Revenue), Coimbatore, at Trichy, by order dated 19.04.2013 in A.P.No.15 of 2010 and that of the order dated 05.07.2016 of the 1^st respondent/Additional District Magistrate Cum District Revenue Officer, Coimbatore, in Ni.Mu.2003/2014/E1.

2. The case of the petitioner is that the 5^th respondent is the brother of the petitioner. The 5^th respondent obtained his signatures in unfilled papers and also executed Power of Attorney from the petitioner using the signed unfilled papers, which was covered up as Power of Attorney as the petitioner executed a Power of Attorney in favour of the 5^th respondent and he came to know the same only in the year 2009. Later, he cancelled the same in the year 2009. Further, he got the job in U.A.E. in the month of August, 1992. The petitioner executed a Registered Power of Attorney dated 19.08.1992 as requested by the 5^th respondent, authorising him to do all such things. The petitioner was not aware of the existence of an earlier Power of Attorney, since he did not raise any objection, nor he cancelled it. The petitioner returned back from U.A.E in the year of 1993. In the year

1994, he got employment and living in Coimbatore.

3. The father of the petitioner died on 23.12.2003. The 5^th respondent misused the said Power of Attorney dated 19.08.1992. Settlement was executed by the 5^th respondent in favour of his wife, who sold the 10 acres of petitioner's land.

4. The petitioner requested the 5^th respondent to account for the income realised from his property and the expenditure incurred by him. He requested the 5^th respondent to put the petitioner in possession of all his properties since respondents 4 and 5 did not relish his request and even the 5^th respondent did not inform the alleged Sale Deed executed by the 5^th respondent in favour of the 4^th respondent. The 5^th respondent proceeded to give evasive replies and therefore, the petitioner expressed his dissatisfaction with the answer given by the 5^th respondent. The petitioner's further submitted that there was some trouble from the 4^th respondent. In the meanwhile, respondents 4 and 5 approached the 3^rd respondent by filing in T.R.No.5 of 2004 and they got a Rectification Deed registered on 11.03.2004 and thereafter obtained the order from the 3^rd respondent on 24.03.2004, as though the 4^th respondent is a tenant under the petitioner, regarding an extent of 4.03 acres in S.No.615/1 in Anaimalai Village, Pollachi Taluk. Even respondents 4 and 5 did not inform a