M.VASUDEVAN Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The instant writ petition is filed seeking for a Certiorari to quash the orders passed by the District Revenue Officer, Thanjavur/the first respondent herein in See.Tha.Pa.02/2011 H-3, dtd. 10/10/2012 confirming the orders passed by the Tenancy Rights Registering Appellate Authority, the Special Deputy Collector, Revenue Court, Thanjavur in Ku.Vu.Pa.Me.Mu.02/2009 dtd. 13/2/2009 and the Tenancy Rights Registering Officer, the Tahsildar, Kumbakonam in Ku.Vu.Pa.Case No.10/2001 dtd. 13/2/2009.

(2.) Heard Mr.S.Anand Chandrasekar for M/S.Sarvabhauman Associates, learned counsel for the petitioner, Mrs.D.Farjana Ghoushia, learned Special Government Pleader for the first respondent and M/s.D.Saranya, learned counsel for the second respondent.

(3.) The learned counsel for the petitioner would submit that the petitioner had purchased an agricultural property in S.No.25/1, measuring an extent of 2.23 acres at Agarathur Village, Kumnakonam Taluk, Thanjavur District from the third respondent through a registered sale deed dtd. 7/9/2000. The vendor of the petitioner had purchased the property from one Senthilnathan through a registered sale deed dtd. 25/11/1997. As the land was under the cultivation of the third respondent, at the time of execution of the sale deed, he had requested the petitioner to permit him to harvest the cultivation. Considering his request, the petitioner has permitted him to harvest the crops standing in the land. However, after the harvest, the third respondent was delaying the handing over of the possession of the land to the petitioner. The second respondent, who is the brother of the third respondent, was also instrumental in avoiding to hand over the possession of the land. Therefore, the petitioner was constrained to file a suit for recovery of possession and mesne profit in O.S.No.510 of 2000. In the said suit, the third respondent remained ex parte. But however, the second respondent contested the same by claiming that he was a cultivating tenant of the property for the past 11 years.