BAKTHAVATCHALAM Vs. DISTICT REVENUE OFFICER

JUDGEMENT

(1.) The prayer in the Writ Petition is for a issue of writ of mandamus to direct the 2nd respondent to consider the petitioner's representation dated 17.10.2008 for cancellation of patta in respect of property situated at No.22, Korattur Village, Poonamalle Taluk, Tirunindravur Firka, Tiruvallur District (previously Chengalpet District) measuring an extent of 92 cents.

(2.) According to the petitioner, the property in question was purchased by his father Shanmuga Mudaliar by a sale deed registered as Document No.1521 of 1962 on the file of the Sub Registrar, Poonamalle. After the demise of the said Shanmuga Mudaliar on 06.10.1997, his legal heirs, which includes the petitioner inherited the property. According to the petitioner, the respondents 3 and 4 are the brothers of his father who have been allotted other lands and the subject matter viz.,92 cents land is an exclusive property owned by his father. However, when the updation of revenue records took place, the names of the respondents 3 and 4 have been wrongly entered in the patta and therefore, the petitioner has sought for cancelling the same.

(3.) A counter affidavit has been filed by the respondents 3 and 4 denying the averments made by the petitioner and stating that originally 7 items of property was purchased in the name of petitioner's father from and out of family funds of the respondents 3 and 4 and Shanmuga Mudaliar and several properties were owned by the family. The respondents would also rely upon a kurchit to support their plea that there was a partition. Based on such partition, according to them, the Patta, Chitta and Adangal have been properly transferred in their names.