LAWS(MAD)-2023-3-437

ARRIYA VAISYAR COMMUNITY Vs. DISTRICT REVENUE OFFICER, CUDDALORE

Decided On March 20, 2023
Arriya Vaisyar Community Appellant
V/S
District Revenue Officer, Cuddalore Respondents

JUDGEMENT

(1.) This writ petition has been filed, challenging the Proceedings No.Mu. Mu.(A4) 1781/2018 dtd. 7/2/2019, issued by the second respondent.

(2.) The petitioner is a body, representing a community in Mangalampettai Vilage, who is the owner of the property, situated in S.No.105/1, new Survey No.222/12 and 14, Karnathan Road, Mangalampettai Village. They had entered into a Lease Deed, registered as Document No.1562/1979 with the first respondent herein and was also in possession of the property. One Duraiswamy Chettiar and Narayana Chettiar, representing the petitioner, had filed a Suit before the District Munsif Court, Chidambaram in O.S. No.285 of 1973 and by judgment and decree dtd. 28/2/1974, the subject property in S.No.105/1, which has been renumbered as New Nos.222/12 and 14, was declared in their favour.

(3.) It is stated by the petitioner that the name of the fifth respondent was incorporated in the patta over the subject properties that belonged to the petitioner herein and he has also consequently executed Settlement Deeds in favour of his children, who are respondents 7 to 9. It is stated that those Settlement Deeds have been challenged before the Civil Courts and the same are pending and the lands in S.Nos.222/12 and 14, belong to the fifth respondent, which were subsequently recorded as 'dispute'. It is also stated that since the subject lands are with the fifth respondent, the classification of the status of the subject lands as 'dispute' shall be granted to and in favour of the fifth respondent herein. Challenging the same, the present writ petition has been filed.