R.PANDIAN Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 21.02.2009, passed by the Revenue Divisional Officer, Lalgudi, Trichy District, the second respondent and confirmed by order dated 09.11.2009, passed by the District Revenue Officer, Tiruchirapalli, the first respondent, directing cancellation of patta issued in the name of Bangaru Ammal and further direction issued to the Tahsildar, Manachanallur Taluk, Trichy District to carry out necessary changes in the village records.

(2.) IT is the case of the petitioner that the property comprised in S.No.189/6C, in Sirugannor Village, Manachanallur Taluk, Trichy District measuring an extent of 1 acre 56 cents and another item of property comprised in S.No.467/1 in the same village measuring an extent of 1 acre 64 cents originally belonged to one Ramasamy Reddiar and Lakhsmana Reddiar. They are brothers. After the demise of Ramasamy Reddiar, the property stood in the name of Lakshmana Reddiar. Ramasamy Reddiar died leaving behind his wife Seetha Ammal and daughter Bangaru Ammal, as his legal heirs. Lakshmana Reddiar died leaving behind his wife Rukmani Ammal as his legal heir. According to the petitioner, Lakshmana Reddiar and Rukmani Ammal did not have any issues. But, it was claimed that they had a son by name Ranganathan, whose whereabouts were not known, for the last 30 years. Seetha Ammal, wife of Ramasamy Reddiar and Rukmani Ammal, wife of Lakshmana Reddiar are no more. In these circumstances, the said two items of property and other items of property belonging to the said family, devolved upon Bangaru Ammal. In the above circumstances, patta of the property comprised in S.No.189/6C and S.No.467/1 and other properties were transferred in the name of Bangaru Ammal, daughter of Ramasamy Reddiar. She executed a power of attorney in favour of one Anbu Selvan and Nallusamy and entered into a sale transaction with the petitioner. The property comprised in S.No.467/1 was purchased by the petitioner on 22.01.2007 and registered, as document No.245 of 2007 on the file of Sub Registrar, Chettikulam. After the sale transaction was over, the petitioner applied to the Tahsildar and got the mutations effected in his name. Since, the date of sale, the petitioner has been in possession and enjoyment of the property.

(3.) THOUGH the official respondents 1 to 3 have not filed any counter affidavit, inviting the attention of this Court, to the contents of the sale deed dated 22.01.2007, said to have been executed by the power of Attorney of Bangaru Ammal to writ petitioner and the impugned orders, Mr.K.Kumar, learned Additional Government Pleader submitted that copies have not been enclosed in the typed set of papers to support the contention that there was a sale of property in respect of property in S.No.189/6C, in Sirugannor Village, Manachanallur Taluk, Trichy District. He further submitted that even assuming that there was a sale effected to the purchaser, the said Bangaru Ammal had no salable right in respect of property in S.No.189/6C, as legal heir of Ramasamy Reddiar, she cannot acquire any title or right or interest over the property. According to him, the property in S.No.189/6C, would devolve upon only the legal heirs of Lakshmana Reddiar.