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2025 DIGILAW 1099 (MAD)

S. Kandasamy v. District Collector Salem District at Salem

2025-02-21

N.ANAND VENKATESH

body2025
ORDER : The issue involved in both these writ petitions are common and hence it is taken up together, heard and disposed of through this common order. 2.WP.No.127 of 2023, has been filed for declaring the eviction order passed by the 4 th respondent through proceedings dated 14.11.2022 and the eviction notice issued by the 5 th respondent dated 12.12.2022 and the eviction that was carried out by the 4 th , 5 th and 6 th respondents by demolishing the dwelling house and destroying the agricultural lands, as illegal and unconstitutional and for a consequential direction to the respondents 1 to 6, to restore the possession of the property to the petitioner. 3.WP.No.2916 of 2023 has been filed to forbear the Sub Registrar from entertaining any documents presented for registration by the 10 th and 11 th respondents touching upon the subject properties. 4.Heard learned counsel for the petitioner, the learned Special Government Pleader appearing on behalf of the respondents R1 to R6, R8 & R9 and the learned counsel for R7, R10 & R11. 5.The case of the petitioner is that he is the absolute owner of the subject property by virtue of a registered partition deed dated 12.10.1990. The petitioner approached a local money lender seeking for loan and in the pretext of creating a mortgage, the finance company obtained a sale agreement in their favour. According to the petitioner, the petitioner and his family members were coerced and their signatures were obtained in the sale deed and the sale deed was registered on 06.12.2007 as document No.3996/2007. Likewise, two more sale deeds were also executed. However, the petitioner claims that he and his family members are in possession and enjoyment of the subject property. 6.The 9 th and 10 th respondents filed a suit in OS.No235 of 2012, before the District Munsif Court, Sangagiri seeking for the relief of permanent injunction. This suit was subsequently transferred to the Sub Court, Sangagiri and renumbered as OS.No.201 of 2013. During the pendency of the suit, the relief was amended and they sought for mandatory injunction directing the petitioner and the family members to hand over possession of the property in favour of 9 th and 10 th respondents. This suit was subsequently transferred to the Sub Court, Sangagiri and renumbered as OS.No.201 of 2013. During the pendency of the suit, the relief was amended and they sought for mandatory injunction directing the petitioner and the family members to hand over possession of the property in favour of 9 th and 10 th respondents. 7.The petitioner and his family members also filed a suit in O.S.No.81 of 2013 for the relief of declaration and for permanent injunction to declare the sale agreement and the sale deed as null and void. Both the suits came to be dismissed by the Sub Court, Sangiri through judgement and decree dated 11.12.2019. As against the dismissal of the suit in OS.No.81 of 2013, the petitioner and his family members filed AS.No.50 of 2022, before the Principal District Judge, Salem. Similarly, 9 th and 10 th respondents also filed an appeal in AS.No.83 of 2020 challenging the dismissal of the suit in OS.No.201 of 2013. 8.When the appeal was pending, the 9 th respondent preferred a complaint dated 12.9.2022, before the 5 th and 6 th respondents stating that their possession and enjoyment was disturbed by the petitioner. The 9th respondent also sought for police protection. Based on this representation, Crl.OP.No.19676 of 2021, was filed before this Court to direct the Superintendent of Police and Inspector of Police to grant police protection. This petition was disposed of by an order dated 09.06.2022, by directing the police to enquire into the matter and to pass orders within a period of four weeks. 9.Pursuant to the above order, the matter seems to have been placed before the 4 th respondent and the 4 th respondent issued notice to both the parties and conducted an enquiry and through the impugned proceedings dated 14.11.2022, the 4 th respondent had virtually directed the petitioner to be evicted from the property and for the removal of the superstructure and the Tahsildar was directed to take police protection in this regard. The Tahsildar in turn made a communication to the police on 26.11.2022 and sought for police protection to carry out the order passed by the RDO. Thereafter, the petitioner was evicted from the property and it is under these circumstances, the present writ petitions came to be filed before this Court. The Tahsildar in turn made a communication to the police on 26.11.2022 and sought for police protection to carry out the order passed by the RDO. Thereafter, the petitioner was evicted from the property and it is under these circumstances, the present writ petitions came to be filed before this Court. 10.In the considered view of this Court, the order passed by the 4 th respondent is a clear abuse of process of law. The 4 th respondent was aware of the fact that the appeals filed by both parties were pending before the competent Civil Court. Inspite of the same, the 4 th respondent acted as if he is a Civil Court who is determining the rights of the parties and went to the extent of directing the Tahsildar to evict the petitioner from the property. This order was acted upon by the Tahsildar and with the help of the police the possession was handed over to the 9 th and 10 th respondents. 11.An innocuous order that was passed by this Court in Crl.OP.No.19676 of 2021, dated 09.06.2022 was misused by all the authorities and they are conveniently showing their finger at this Court as if this Court had issued a positive direction to evict the petitioner. This Court had merely directed the police to deal with the complaint and to take a decision and such innocuous directingwas completely taken advantage and the RDO has proceeded to pass the order direction the eviction of the petitioner from the subject property. All this was done when the civil proceedings were pending before the Court. This clearly shows that the revenue authorities and the police came together and after fully knowing that they have no powers, have taken advantage of the order passed in Crl.OP.No.19676 of 2021 and have acted in a illegal manner. Such action on the part of the revenue authorities and the police cannot be condoned and it is clearly an overreach on the part of the authorities to have decided a private dispute between the petitioner and the private respondents. 12.In the light of the above discussion, the relief as sought for in WP.No.127 of 2023 is granted and this writ petition is allowed. Similarly, the relief sought for in WP.No.2916 of 2023, is also granted and the said writ petition also stands allowed. 12.In the light of the above discussion, the relief as sought for in WP.No.127 of 2023 is granted and this writ petition is allowed. Similarly, the relief sought for in WP.No.2916 of 2023, is also granted and the said writ petition also stands allowed. Appropriate proceedings for restoring the possession of the property shall be carried out by the District Collector and the Superintendent of Police viz., the 1 st and 2 nd respondents, within a period of four weeks from the date of receipt of copy of the order. It is made clear that this Court did not go into the rights of the respective parties and it is left open to both the parties to raise all the grounds before the Civil Court where the appeals are pending. 13.In the result, both the writ petitions are allowed in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.