A MUTHU, K GOVINDAMMAL Vs. STATE

JUDGEMENT

(1.) The two writ petitioners have filed identical writ petitions seeking for a direction to the Commissioner for Land Administration i.e., the first respondent to reclassify the land in R.S. No. 127/2 and renumbered as T.S. No. 5/2 in Emaneswaram Village, Paramakudi, Ramanathapuram District describing them as a Government punjai dry land and also to issue patta on the basis of their representation dated 17.08.2010.

(2.) In the representation dated 17.082.010, the petitioners stated that earlier the two petitioners have filed a suit before the District Munsif Court, Paramakudi in O.S. No. 123 of 2008, seeking for a declaratory relief stating that the properties in question are in their possession and enjoyment and the respondents/defendants should not interfere with the petitioners right to enjoy the property and to that effect a permanent injunction was sought for and they also sought for a mandatory injunction directing the respondents(defendants) to grant patta in respect of the lands which are in possession of the petitioners.

(3.) The said stand was resisted by the official respondents in the written statement stating that the lands were shown as "Kanmai Neerpidippu" (catchment area for the Kanmai) as per the village accounts. Only when these lands reclassified and made as Government Poramboke lands, they are eligible for consideration for grant of patta. After a contest in the suit, the learned Munsif vide his judgment and decree, dated 27.04.2004 partially decreed the suit stating that the patta should be granted in favour of the petitioners and they were also entitled for the declaratory and permanent injunction in respect of the said properties in their possession and enjoyment. Aggrieved by the said judgment and decree, the official respondents filed an appeal before the lower Appellate Court, i.e., the Sub Court, Paramakudi. The said appeal was taken on file as A.S. No. 49/2006. But the appeal filed by the State after notice to the petitioners was partially allowed with observation and the judgment and decree granted by the District Munsif Court, Paramakudi was set aside and the parties were ordered to bear their own costs.