J KUPPUSAMY Vs. COLLECTOR REVENUE DEPARTMENT

JUDGEMENT

(1.) THE petitioners claim to be the owners of the following properties viz.,(1)Punjai Survey No.323/1-0.76 cents (0.31.0 Hectare) (2) Punjai Survey No.323/2-0.23 cents (0.09.5 Hectare) (3)Punjai Survey No.323/8 0.98 cents (0.39.5 Hectare) Totally -1.97 cents (0.80.0 Hectare) (4).0.01> share in common 4 share of well and 5 H.P. in 0.11 cents, survey No.320 and (5) A common pathway in 11 cents in Survey No.320/1, under a settlement deed stated to have been executed by their father on 13.04.2009 under Document No.651 of 2009 registered at Kalambur Sub Registrar Office, Polur Taluk, Thiruvannamalai District.

(2.) THE case of the petitioners is that the third respondent is attempting to encroach upon the common passage between the property under dispute and the property of the third respondent, who is the adjacent owner. THErefore, the petitioners have applied for issuance of patta, based on the settlement deed, to the Tahildar, and the said application is stated to have been given on the Grievance Day before the Tahsildar on 30.09.2010. Since no order has been passed for the purpose of issuance of patta, the present writ petition has been filed for a direction.

(3.) ON the facts of the present case, it is the case of the petitioners that the third respondent is interfering with the possession of the petitioners, which according to the petitioners, is unlawful, since the petitioners are having valid documents. Inasmuch as the petitioners have made an application to the the second respondent-Tahsildar herein for issuance of patta, it is for the Tahsildar to conduct an enquiry in the manner known to law, especially by following the provisions contained in the Patta Passbook Act and after conducting proper enquiry, The Tahsildar shall pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. While passing such an order, the Tahsildar shall give an opportunity to the petitioners as well as to the third respondent. Till the second respondent passes an order, after giving opportunity, the status-quo which remains as on date shall prevail.