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2023 Supreme(Online)(MAD) 43057
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2023 CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)Nos.7814, 10399, 11490 of 2016 & 4936 of 2017 and WMP(MD)Nos.8107, 8797 of 2016, 3972, 3973 of 2017 WP(MD)No.7814 of 2016:
NVS.Anandan .. Petitioner v.
The Tahsildar, Srirangam Taluk, Tiruchirappalli. .. Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent herein to consider the petitioner's representation dated 28.03.2016.
For Petitioner : Mr.J.John For Respondent : Mr.J.K.Jeyaseelan, Government Advocate *****
M/s.Shar Theme Park (P) Ltd., Rep. by its Managing Director, NVS.Anandan .. Petitioner v.
1.The Joint Registrar – III, Registration Department, Trichy.
2.K.Rajendran
3.The Kambarasampettai Panchayat, Rep. by its President, Anthanallur Taluk, Tiruchirappalli District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Declaration declaring that the unilateral deed of cancellation dated 08.11.2012 under Document No.3431 of 2012 in cancelling the deed of gift dated 14.06.2012 under D.No.1866 of 2012 in voluntarily assigning the properties in question in favour of the third respondent herein and the consequential entry of encumbrance on the file of the first respondent herein as null and void, non-est in the eye of lw and not binding on the petitioner company.
For Petitioner : Mr.J.John For Respondents : Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.M.Ramesh, Government Advocate for R.1 & R.3 Mr.V.Ragavachari, Senior Counsel Assisted by Mr.Shankar Murali for R.2 *****
WP(MD)No.11490 of 2016:
M/s.Shar Theme Park (P) Ltd., Rep. by its Managing Director, NVS.Anandan .. Petitioner v.
1.The District Registrar (Administration), Registration Department, Tiruchirappalli.
2.The Joint Registrar – III, Registration Department, Tiruchirappalli. .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 09.05.2016 in the light of Circular No.67, Inspector General of Registration, dated 03.11.2011.
For Petitioner : Mr.J.John For Respondents : Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.M.Ramesh, Government Advocate for R.1 & R.3 *****
WP(MD)No.4936 of 2017:
K.Rajendran .. Petitioner v.
1.The Block Development Officer, East Panchayat Union, Anthanallur, Trichy District.
2.The Inspector General, Registration Department, No.100, Santhome High Road, Chennai – 600 028.
3.The District Registrar (Admin), Registration Department, Court Buildings, Trichy – 620 001.
4.The III Joint Registrar, The III Joint Registrar Office, Town Hall, Tiruchirappalli – 620 001.
5.The Kambarasampettai Panchayat, Rep. by its Special Officer, Anthanallur Union, Srirangam Taluk, Trichy District.
6.M/s.Shar Theme Park (P) Ltd., Rep. by its Managing Director N.V.S.Anandan
7.N.V.S.Anndan .. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari to call for the records on the file of the first respondent dated 17.02.2017 in Na.Ka.No.Aa3/3074/2015 and quash the same as illegal.
For Petitioner : Mr.Shankar Murali For Respondents : Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.M.Ramesh, Government Advocate for R.1 to R.5 Mr.John for R.6, R.7 *****
COMMON ORDER
M/s.Shar Theme Park is a private company registered under the Companies Act and they filed these writ petitions through its Managing Director N.V.S.Anandhan, for the following reliefs:-
(I) WP(MD) No.10399 of 2016 – to cancel the deed of cancellation dated 08.11.2012 (Doc.No.3431/2012), cancelling the gift deed dated
14.06.2012 (Doc.No.1866/2012).
(II) WP(MD) No.11490 of 2016 – to take action as per the Circular No.67 issued by the Inspector General of Registration, dated 03.11.2011.
(III) WP(MD) No.7814 of 2016 – to consider his representation dated 28.03.2016 and not to grant any patta based on the sale deed executed by the Power Agent K. Rajendran.
2. All these writ petitions are pertaining to the lands in S.Nos.1/2A, 1/3A, 1/5, 2/2, 258/1, 258/10, 1/6, 1/1, 1/9, 1/10, 258/2, 1/7, 1/8 to an extent of 16.64 Acres at Kambarasampettai Village in Trichy District. These lands belong to the petitioner Company. The Company, in order to promote these lands, has entered into a Joint Venture Agreement with one K.Rajendran on 07.12.2011. In view of the same, the company has also executed a Power of Attorney dated 08.12.2011 in favour of K.Rajendran. Pursuant to that agreement, the said K.Rajendran also developed these lands and approached the Village Panchayat, obtained permission and also prepared the layout. For the purpose of laying roads and open space reservations in the layout, lands were gifted to the Kambarasampettai Panchayat, through a registered Gift Deed dated 14.06.2012, as Doc.No. 866/2012. Having executed the deed, the said Power Agent K.Rajendran has cancelled the Gift Deed dated 14.06.2012, by a Deed of Cancellation on 08.11.2012 and also sold the company's properties to third parties including the portion gifted to the Panchayat to various persons. On knowing about this fraud played by the power agent K.Rajendran, the Company cancelled the power of attorney and made a representation to the authorities concerned to cancel the unilateral cancellation deed executed by the power agent with regard to the gift deed dated 14.06.2012 and also for cancelling the subsequent deeds created by K. Rajendran.
3. Pending these writ petitions, the power agent K.Rajendran has also filed a writ petition in WP(MD)No.4936 of 2017 as against the orders passed by the Block Development Officer, dated 17.02.2017, in Na.Ka.Aa. 3/3074/2015, in and by which, the Block Development Officer has made a request to the District Registrar, Trichy and Inspector General of Registration not to register any sale deeds presented by the K.Rajendran and to revoke the cancellation of Gift Deed dated 14.06.2012 in Doc.No.
3431 of 2021.
4. Since all these writ petitions are pertaining to the same issue and the lands, all of them are taken up together and are disposed of by way of this common order.
5. When these writ petitions are taken up for hearing, the learned Counsel for the petitioner Company withdrew WP(MD)No.7814 of 2016 that their representation has already been considered and the District Revenue Officer, Trichy by his order dated 07.08.2021 has cancelled the earlier patta and transferred the patta to the name of the President of Kambarasampettai Panchayat. Therefore, the writ petition in WP(MD) No.
7814 of 2016 is dismissed as withdrawn.
6. The Power Agent K.Rajendran filed the writ petition in WP(MD)
No.4936 of 2017 against the orders of the Block Development Officer dated 17.02.2017, requesting the District Registrar, Trichy and Inspector General of Registration not to register any sale deeds presented by K.Rajendran and to revoke the cancellation of Gift Deed dated 14.06.2012 in Doc.No.3431 of 2021. The petitioner K.Rajendran sought for withdrawing this writ petition, by way of his submissions dated 28.02.2023, since both himself and his purchasers accept the gifting of land to the Panchayat in view of the proceedings of the District Revenue Officer, Trichy dated 07.08.2021. Hence this writ petition in WP(MD)No.
4936 of 2017 is also dismissed as
