(1.) THE order Annexure -"E" dated 5.10.2010 passed by the Taluk Panchayath - the second Respondent by which the grant of site made in favour of the Petitioner as per Annexure - "A" dated 12.04.1990 stood cancelled, is called in question in this writ petition.
(2.) THE records reveal that the Petitioner herein was issued with a 'Hakku Patra' (which means Title Deed) as per Exhibit -P1 dated 12.04.1990 under which the. Petitioner was granted a site bearing No. 92 measuring 40' x 60' situated at Muttur Colony Village, Periyapatna Taluk. Thereafter, the neighbouring land owners started interfering with the Petitioner's peaceful possession of the site. Hence, the Petitioner filed a suit, in O.S. No. 17/2004 before the Civil Judge (Jr. Dn) and JMFC, Periyapatna for permanent injunction against one Smt. Jainabi and Nagin Jan. The said suit came to be decreed as per Annexure "D" dated 2.3.2006. Subsequently, the impugned order is passed by Respondent No. 2 on 5.10.2010 cancelling the Hakku Patra (Title Deed) on the ground that it was not open for the Petitioner to get the aforementioned site from the Grama Panchayath as the Petitioner himself was the Grama Panchayath member. In other words, the second Respondent states that the Petitioner has misused the office of member of Grama Panchayath. The second ground on which the Title Deed stood cancelled is that the allottee should not sell the property wthin 25 years of allotment as per Condition No. l annexed to the Title Deed; however, the Petitioner has sold the property in favour of Smt. Kaveramma. W/o. Raju on 7.1.2010 and the same is registered in Sub -Registrar's office, Periyapatna. The said order of cancellation was questioned by the Petitioner before the first Respondent - Chief Executive Officer. Zilla Panchayath by filing an appeal under Section 157(4) of the Panchayath Raj Act. The same came to be dismissed as not maintainable.
(3.) THE Respondents though are served, have remained absent.