C.ALAGU Vs. DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI

JUDGEMENT

(1.) This writ petition has been filed to quash the impugned order passed by the third respondent in Ni.Mu.(AA6) Ta.Pa.Ma.P.T.R.945/10, dated 30.06.2010 and to direct the the respondent to restore the patta in the name of the petitioners for their property in S.No.195/15B & 15A situated at Eluppakudi Village, Karaikudi Taluk.

(2.) The learned counsel appearing for the petitioners submitted that they have purchased land in survey no.195/15 situated at Karaikudi Taluk, Eluppagudi Village from one A.Kamalam. The patta was also transferred in their names by the order of the third respondent, dated 09.06.2006. Thereafter, the petitioners are in possession and enjoyment of the said property. On 18.08.2010, they have applied for 10(1) extract before the third respondent. At that time, the petitioners came to know about the transfer of patta in respect of land comprised in survey No. 195/15B and 15A to the third respondent. He further submitted that the petitioners approached the second respondent to correct the mistakes committed in 10(1) extract through a representation, dated 23.08.2010. The second respondent forwarded the same to the third respondent. The third respondent, by his letter dated 03.11.2010 stated that the patta for the above said survey numbers was transferred to another person and advised them to file an appeal before the second respondent. He further submitted that without giving opportunity to the petitioners, the aforesaid patta transferred to the third party's name and on that sole ground, the impugned order is liable to be quashed.

(3.) The learned Government Advocate appearing for the respondents 1 to 3 submitted that there is a dispute among the petitioners and the fourth respondent in respect of title of the property in question. That apart, the fourth respondent herein preferred a private complaint before the learned Judicial Magistrate, Karakudi in Cr.M.P.No.3397 of 2011 under Section 156(3) Cr.P.C., against the petitioners and a case was also registered in Crime No.19 of 2012 for the offence under Sections 419 , 420 , 468 , 471 IPC as against the petitioners. He further submitted that the patta was transferred in the year 2010 and there is appeal remedy is available before the Appellate Authority. Without exercising the said remedy, the petitioners filed this writ petition. He further submitted that the petitioners have to approach the civil Court in the light of the decisions made by this Court in Kuppuswami Nainar Vs. The District Revenue Officer and others reported in (1995) 1 MLJ 426, in which, this Court has held as follows:-