Mahalimuthu .K v. The Commissioner

ORDER This writ petition has been filed for issuance of a writ of certiorarified mandamus to call for the records relating to the impugned notice issued by the first respondent dated 05.06.2023 and quash the same and consequently, directing the first respondent to restore the original entry in favour of the petitioner's grandfather, namely, Rengasamy Gounder and to act subject to the result of the suit pending before the Civil Court.

2.It is the case of the petitioner that the dispute with reference to 884 sq. ft. of house property in Survey No.502, Patta No.109, situated at Palanigoundanpuru, Oddanchathiram Taluk, Dindigul District, belonged to the petitioner's grandfather Rengasamy Gounder. The said Rengasamy Gounder had three daughters. The petitioner's mother is the second daughter of the Rengasamy Gounder. On 13.09.2006, the said Rengasamy Gounder executed a Will in favour of the petitioner. On

07.09.2016, the petitioner's grandfather passed away and the Will came into effect. However, a fraudulent cancellation of Will was created by the second respondent (another daughter of Rengasamy Gounder) and without the knowledge of the others, an extent of 442 sq. ft. had been sold out. This sale came to the knowledge of the petitioner only on

01.12.2022. That too, when the petitioner had taken steps to have the property tax changed in his name. Since the application has not been disposed of, he had made a representation dated 03.04.2023, to take action against the second respondent. That apart, a suit in O.S.No.98 of 2022 was filed by the second respondent and also the suit in O.S.No.617 of 2022 filed by the petitioner's mother, on the file of the Sub Court, Palani, are pending.

¶3That being the case, the first respondent has issued an enquiry notice dated 05.06.2023 to the petitioner to appear on 21.06.2023 at about 4.00 pm. The petitioner had already filed a writ petition in W.P(MD) No.6694 of 2023 against the Registrar relating to the proceedings dated 14.12.2022 and consequently directing the first respondent to cancel the fraudulent documents and the same is pending. The petitioner would further submit that an order has been passed without affording an opportunity to the petitioner to submit his case or to appear in person, which constrained,the petitioner to move before this Court.

¶4Heard the learned counsel appearing on either side and perused the records.

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¶7However, in the said suits, the respondent municipality has not been made as a party to the proceedings. The petitioner has pleaded that the documents created in the name of the second respondent, are fraudulent and that is the subject matter of the enquiry in the suits. In these circumstances, the present enquiry notice issued on the basis of the claim made by the petitioner, is premature and therefore, the parties should be first directed to declare the title to the property.

¶8In view of the above, this Writ Petition is disposed of with a direction to the petitioner to implead the municipality as a party to the suit proceedings within a period of two weeks from the date of receipt of a copy of this order, failing which, the respondent municipality can proceed with the impugned order. No costs. consequently, connected miscellaneous petition is closed.

26.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp

P.T.ASHA, J. cp

and W.MP(MD) No.12667 of 2023 Dated: 26.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA and W.MP(MD) No.12667 of 2023 K.Mahalimuthu ... Petitioner Vs. 1.The Commissioner, Oddanchathiram Municipality, Oddanchathiram, Dindigul District. 2.Amutha ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice issued by the 1st respondent in Na.ka.No.987/2018/A1, dated 05.06.2023, passed by the 1st respondent quash the same and consequently directing the 1st respondent to restore the original entry in favour of the petitioners grandfather namely Rengasamy Gounder. For Petitioner : Mr.N.Madhava Govindhan For R1 : Mr.P.Srinivas ****