KRISHNASWAMY TEMPLE, KALINGARAJAPURAM; N VENU; DILLI; P RAGU Vs. DISTRICT COLLECTOR, KANYAKUMARI DISTRICT; REVENUE DIVISIONAL OFFICER, PADMANABHAPURAM; TAHSILDAR, VILAVANCODE TALUK; DILLY; RENUKA; VASANTHA; RATHA; SINTHAMANI; MURUGAN; SURESH AND ORS

JUDGEMENT

(1.) A land of an extent of about 15 acres and 87 cents in Survey No.329/14-21 was classified way back in the year 1979 as Harijan residential colony. Out of the said land, an extent of 0.10.5 hectares was assigned to on K.Rajammal as a free house site patta. It was in the year 1975.

(2.) In violation of the terms and conditions of the grant of free house site patta, K.Rajammal sold the property to two persons by name Prathabachandran and Lakshmanan Nair under two different sale deeds dated 13.12.1978 and 11.06.1979. Lakshmanan Nair sold the portion purchased by him to the father of Prathabachandran. Both father and son in turn sold the property to one J.S.Kumar on 08.10.1999 and the said J.S.Kumar sold the property on 06.02.2002 in favour of the one Pushkaran.

(3.) In the meantime, a group of persons namely, R.Vasantha and 10 others were issued with pattas by the Tahsildar on 06.08.2003 in respect of the land in S.No.329/14-29. But all those allottees joined together and filed a writ petition in W.P(MD)No.9952 of 2005 on the file of this Court contending that the lands allotted to them were actually in S.No.329/14-21 and that there was a mistake in quoting the survey number. They also contended that the aforesaid Pushkaran who had bought the property from those who traced title to K.Rajammal filed a suit in O.S.No.175 of 2003 and also filed a petition in W.P.No.36770 of 2003. But he could not get any orders and the said Pushkaran was evicted on 29.06.2005. Therefore, it was contended by R.Vasantha and others who are allottees that they are entitled to the issue of a Writ of Mandamus directing the Revenue Divisional Officer to correct the patta by mentioning the Survey Number as 329/14-21 instead of S.No.329/14-29. The said writ petition in W.P(MD)No.9952 of 2005 was disposed of by an order dated 14.12.2007 by a learned Judge directing the Revenue Divisional Officer to consider the request of the writ petitioners. At the same time, the learned Judge gave liberty to Pushkaran to move the Civil Court for obtaining orders.