B.MOHAMED SHERIFF Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner has approached this Court with a prayer for issuance of a writ in the nature of certiorarified mandamus to call for the records of the first respondent dated 24.3.1997 made in RC.W6/14580, approving the purchase by private negotiation of the lands measuring 3.20.0 hectares in Survey No.574/3 of Suriyur Village, Thiruchirappalli Taluk, Tiruchirappalli District and consequent purchase of the same by the first respondent under Sale Deed No1061/1997 dated 15.4.1997 registered as such in the office of the Sub Registrar, Tiruverambur, Tiruchirappalli Taluk, Tiruchirappalli District and to declare the same as null and void and direct the first respondent to restore the said lands measuring 3.20.0 hectares to the petitioner.

(2.) THE facts of the petitioner as stated in the affidavit are as follows:

(3.) IT is further stated in the counter affidavit that only on verifying the village Accounts maintained by the Revenue Department alone, the respondents 1 to 3 have purchased the land. The Village accounts i.e. "A" register, Adangal, the names of the present seller alone is available. It is also stated that as per the U.D.R patta, the names of the present sellers, i.e. Sahul Hameed and A.Natharsha are alone available in Patta No.1354. It is stated that the sellers have given statement before the Special Tahsildar on 21.3.1997 stating that there is no encumbrance in the suit land and if any encumbrance arise, they will settle the same from their own cost. Thus, the counter prays for dismissal of the writ petition.