Advocates:
['M/S K HARISANKAR', '', 'SRINATH SRIDEVAN', 'T K BHASKAR', 'V SHANMUGA SUNDAR SPL G P']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

W.P.NO.17923 OF 2013

&

M.P.NOS.1, 2 OF 2013

Sri Nalli Kuppuswami Chetti

... Petitioner

Vs.

The Tahsildar

Mambalam- Guindy Taluk

Chennai-600 078

... Respondent

PRAYER:

The Writ Petition has been filed under Article 226 of the

Constitution of India praying to issue a Writ of Certiorari,

caling for the records of the respondent relating to the

distraint order dated 24.06.2013 issued by the respondent and

quash the same.

For Petitioner : Mr.K.Harisankar

For Respondent : Mr.T.Venkatesh Kumar , Spl.Govt.Pleader

O R D E R

Petitioner is carrying on wholesale and retail trading in

cloth and garments for over 60 years in the name and style Nalli

Chinnasami Chetty silks at No.9, Nageswaran Road, T.Nagar,

Chennai-600 017.

2. The above property was purchased by his father late

C.Narayanaswami Chetty under sale deed dated 03.08.1950, bearing

regisration No.536/1950, registered at the office of Sub

Registrar Office of Thyagarayanagar. After the demise of the

petitioner's father on 19.08.1953, the petitioner and his mother

succeeded to the property and after the demise of his mother on

06.05.1995, the petitioner has been enjoying the property as his

own. All the revenue records stand in his name. While so, an

https://hcservices.ecourts.gov.in/hcservices/

impugned revenue recovery proceedings came to be issued on

24.06.2013, which he challenges in the present writ petition.

3. The respondent would contend that the petitioner happened

to be the son in law of one S.R.G.Ranganathan, Proprietor of

M/s. Nalli Starch and Glucose Industries Limited, furnishing the

address as No.9, Nageswararao road, T.Nagar, Chennai-600 017 as

his company address. Due to the default committed by him the

Andhra Pradesh Industrial Development Corporation Limited,

Hyderabad to the tune of Rupees Three Crores, Twenty lakhs

(Rs.3,20,00,000/-) a letter was addressed by them to the

District Collector of Chennai to collect the amount from the

guarantor/legal heir of the defaulter S.R.G.Ranganathan under

the Revenue Recovery Act. Accordingly, the District Collector

addressed the respondent to collect it from the legal heir

Lakshmi Ammal wife of S.R.G.Ranganathan, whose address was

furnished as No.9, Nageswararao road, T.Nagar, Chennai-600 017.

Since the wife of S.R.G.Ranganathan did not settle the dues,

they issued letters to the petitioner's wife to recover it from

her. The petitioner wife by a letter dated 26.06.2013, submitted

that the defaulter S.R.G.Ranganathan expired on 27.12.1995 and

his wife Lakshmi Ammal expired on 05.08.2011 and that she was

not liable for any dues as the property belongs to Nalli

Kuppusamy Chetty, who is the petitioner herein and to withdraw

the Distraint order.

4. According to the respondent, a sum of Rupees Three Crores

Twenty laksh (Rs.3,20,00,000/-) claimed by Andhra Pradesh

Industrial Development Corporation Limited, Hyderabad is due to

them from the parents of the petitioner's wife. The Revenue

Inspector who conducted the enquiry reported that Tmt. Alamelu

Ammal, T.N.Ramanathan and Viswanathan are the legal heirs of

S.R.G.Ranganathan and his wife Lakshmi Ammal and they were

reported to have inherited the property at No.20, Gopalakrishna

road, Parthasarathypuram, T.Nagar, Chennai-600 017 and as per

Hindu Succession Act, 2005, they are liable to pay out of their

parents property inherited by them. Though they are not liable

to pay the dues from their own income or savings. Since the

said M/s. Nalli Starch and Glucose Industries Limited reported

to have been functioning at No.9, Nageswararao road, T.Nagar, a

notice was issued to them. Since the defaulter is the father in

law of the petitioner herein and that his wife Alamelu Ammal is

a legal heir of the defaulte