S VISWANATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed seeking to quash the order dated 26.08.2009 passed by the 2nd Respondent viz., the Revenue Divisional Officer, Cheyyar, Tiruvannamalai District in proceedings No. Ref. NA.KA.A2.2123/2009 whereby, orders have been issued to delete the name of S. Viswanathan from patta No. 445 and register the name of Sengunthar Samudhaya Nala Sangam, the 4th Respondent herein, in patta No. 445 in respect of Survey No. 181/1 in Keelkodungalur Village, Vandavasi Taluk, Tiruvannamalai District, of an extent of 3.65.0 Hectares and consequent to the said order, the third Respondent viz., the Tahsildar, Vandavasi, has carried out the changes in patta No. 445 on 1.9.2009.

(2.) According to the Petitioner, he is a Member and Representative of Keelkodungalur Sengunthar Samudhaya Marabinar (in short 'Samudhayam'), Keelkodungalur Village, Vandavasi Taluk, Tiruvannamalai District. Dry land measuring an extent of 9.02 Acres comprised in Survey No. 181/1 of Keelkodungalur Village is being enjoyed by the Petitioner Samudhayam for more than 100 years and the members of the Samudhayam are all along paying kit to the Revenue Department. The live fence trees growing in the said lands are being sold and the amount is being utilized for various social welfare activities like construction of a public well for drinking purpose, Marriage Community Hall etc. The 3rd Respondent/Tahsildar, Vandavasi, discreetly issued patta in respect of the said land in favor of the local temple during the implementation of the UDR Scheme and the Assistant Commissioner of Hindu Religious and Charitable Endowment, Vellore (hereinafter referred to as the 'HR & CE Department') auctioned the live fence trees in the said lands. Knowing the fact that the Petitioner Samudhayam represented by S. Viswanathan filed a suit in O.S. No. 749 of 1991 on the file of the Principal District Munsif Court, Arni against the Respondents 1 and 3 viz., the District Collector, Tiruvannamalai District and Tahsildar, Vandavasi Taluk and the Assistant Commissioner of HR & CE Department, Vellore for declaration that the auction of the live fence trees by the HR & CE Department is illegal and also for a mandatory injunction directing the Respondents 1 and 3 to issue patta in favor of the Petitioner Samudhayam and for permanent injunction restraining the HR & CE Department from interfering with the possession and enjoyment of the Petitioner Samudhayam in the said lands. The said suit was decreed in favor of the Petitioner Samudhayam on 25.11.1997. 2a. While so, the Petitioner Samudhayam represented by the deponent Mr. S. Viswanathan pursuant to the civil suit decree, submitted an application to the third Respondent Tahsildar for issuance of patta in their favor. Thereafter, the third Respondent in his proceedings Ref.NA.KA.A5.707/98 dated 07.04.1998 issued patta in favor of the Petitioner Samudhayam. The Petitioner has been paying kits in respect of the said lands for the past 11 years on behalf of their Samudhayam and the income derived from the sale of live fence tress in the said lands are being utilized for various social activities and it has also requested the Government to construct a Hospital in a portion of the said lands. The Petitioner has been protecting and safeguarding the lands by instituting suit, obtaining patta and paying kits. In order to grab the said lands by illegal methods, few persons formed a group under the banner of "Sengunthar Samudhaya Nala Sangam" in the year 2008, submitted a representation to Respondents 1 to 3 herein to transfer the patta in respect of the said lands in favor of the newly formed "Sengunthar Samudhaya Nala Sangam" Reg. No. 32/2008 (hereinafter referred to as "Nala Sangam') as if the patta in respect of the said land was issued in the individual name of the deponent of the affidavit (S. Viswanathan). 2b. Further, the Petitioner's case is that after knowing the illegal move of Respondents 4 and 5, their Samudhayam instituted a suit in O.S. No. 68 of 2009 on the file of the Principal District Court, Vandavasi, against Respondents 1 to 3 for permanent injunction restraining them from transferring the patta in the name of the Petitioner's Samudhayam represented by the deponent of the affidavit. In the said suit, an application in I.A. No. 155 of 2009 was also filed for interim injunction restraining the Respondents 1 to 3 from affecting any transfer pending the said suit. In the said Interim Application, notice was ordered to the Respondents on 06.04.2009 and Respondents 1 to 3 entered appearance in the said suit and application on 12.06.2009 through the Government Pleader and sought time for filing counter and subsequently, time was extended for filing counter. The Petitioner's Samudhayam also sent a legal notice dated 23.03.2009 to Respondents 1 to 3 and the Village Administrative Officer, Keelkodungalur, not to affect any patta transfer in respect of the said land on any application without issuing notice to the Petitioner's Samudhayam and conducting proper enquiry and the said notice was duly acknowledged by them. 2c. When the Petitioner was expecting notice of enquiry, to their shock, they received the impugned order dated 26.08.2009 passed by the 2nd Respondent effecting transfer of patta in the name of the 4th Respondent. It is the claim of the Petitioner that the said impugned order has been passed at the behest of the ruling political bigwig flouting the principles of natural justice, that too during the tendency of the civil suits. Therefore, the impugned order passed by the 2nd Respondent has been challenged on the ground that the order has been passed without giving an opportunity to the Petitioner's Samudhayam and in violation of the principles of natural justice, also in violation of Articles 14 and 19(1)(g) of the Constitution of India and that it is contrary to the Patta Passbook Act and Rules and Board Standing Orders. Hence, the same is liable to be quashed.

(3.) Respondents 1 to 3 have filed counter affidavit and it is stated that the lands in Survey No. 181/1 classified as dry lands to an extent of 3.65.0 Hectares were in the name of Sri Agatheeswaran Temple, Sri Karya Manicka Perumal Temple, Muthamman Temple and Ponnyamman Temple as per Village records. There was a dispute between Keelkodungalur Sengunthar Samudhaya Marabinar and H.R & C.E Department with regard to the said land. The Petitioner S. Viswanathan, S/o. Shanmuga Mudaliar as main member on behalf of Keelkodungalur Sengunthar Samudhaya Marabinar had filed a civil suit in O.S. No. 749 of 1991, S. Viswanathan had applied to Tahsildar, Vandavasi for transfer of patta in respect of the lands in Survey No. 181/1 to an extent of 3.65.0 Hectares of dry land. The Tahsildar, Vandavasi in his proceedings in B5/707/98, dated 07.04.1998 had ordered patta transfer in respect of the above said lands in favor of S. Viswanathan, main member on behalf of the Sengunthar Samudhaya Marabinar. Subsequently, on 24.10.2008, S. Viswanathan had obtained patta transfer order from Taluk Office in which the lands in Survey No. 181/1 (3.65.0 Hectares) of dry land had been transferred in the name of the Petitioner S. Viswanathan.