M.MAHMOOD MARAIKKAYAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By this writ appeal, a challenge is made to the judgment dtd. 21/3/2022, whereby the writ petition filed by the appellant challenging the order dtd. 24/2/2012 and seeking a direction to issue patta in respect of the land in dispute was dismissed finding no right in favour of the appellant, considering the nature of the land.

(2.) The writ petition was filed by the appellant alleging that the property formed part of 1 acre and 10 cents comprised in Survey No.143/2 of No.2, Goodalur Village, Coimbatore Taluk originally possessed by Venkatasamy Naidu and on his demise, it was inherited by his son Ranganathan, along with the tamarind trees. The Special Tahsildar, Coimbatore, then assigned the said property to Ranganathan and, accordingly, he remained in possession of the land.

(3.) It is stated that after the demise of Ranganathan, his three children entered into a partition deed. The property was also subdivided and separate pattas were obtained by them. They remain in possession and enjoyment of the property. The land was then purchased by the petitioner. On the basis of complaint made by third party that the land is poramboke land, the second respondent issued a notice requiring the appellant to appear for an inquiry. The appellant participated in the inquiry and submitted all the documents for consideration, yet an adverse order was passed to cancel the patta and to take possession of the land.