(1.) THE Petitioners have filed the present Writ Petition for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Order of the Second Respondent in Na.Ka.A1/5610 -09 dated 19.11.2009 and quash the same. Further, they have also sought for issuance of an Order by this Court in restraining the Respondents herein from interfering with their Patta land till the disposal of the Suit in O.S.No.355 of 2009, pending on the file of the learned District Munsif Court, Manapparai.
(2.) ACCORDING to the Petitioners, they are the absolute owners of the properties comprised in S.No.296/4A2 measuring 0.02.5 hectares and Survey No.296/5B measuring 0.02.0 Hectares situated in Palakurichi Village, Manapparai Taluk, Trichy District, having acquired the same through partition among the brothers during the year 1981. From the year 1981, they are in exclusive possession and enjoyment of the aforesaid properties with grant of Patta and Mutation in the Revenue Records.
(3.) THE learned Counsel for the Petitioners submits that the aforesaid properties are the Petitioners ' private Patta land and no one has any right or claim therein. However, the Fourth Respondent, the Petitioners ' neighbour, with fraudulent intention, filed O.S.No.317 of 2003 on the file of the District Munsif Court, Manapparai, seeking a relief of declaration of his title, as if the Petitioners interfered in his property. In the said Suit, the Fourth Respondent had obtained an order of ex parte injunction against them (behind their back) in the year 2006, preventing their ingress and egress, as if there is a pathway in their Patta land.