MUTHUIRULAPPA THEVAR Vs. DISTRICT COLLECTOR, TENKASI

JUDGEMENT

(1.) The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to give individual patta with specific sub-division of the land in S.No.37(2) at Vadakkupanavadali Village for an extent of 1.53 acres on the basis of the representation, dtd. 9/3/2021.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

(3.) The case of the petitioner is that the petitioner's grand-father Thanikodi Thevar purchased certain land measuring to an extent of 1 acre 53 1/2 cents out of 2.98 acres in survey number 37/2 at Vadakupanavadali village as early as in the year 1927 by registered sale deed No.1746 of 1927 which is undivided share. The land owners in survey number 37/1A, 37/1B, 37/1C, 37/2, 37/3, 38/1 and 38/3 about 33 persons granted the land vide document number 9660 of 1935 registered in Sub-Registrar Office, Melaneelithanallur for construction of a "private tank" to store water for the purpose of agricultural irrigation and agreed to pay rent for the use of water. The deed was executed in favour of the then Government represented by the Collector. On that basis, the lands were classified as "Private Kulam" but it was not carried out by the Public works department and not acted upon. After his father inherited the property, he was in possession and enjoyment of the agricultural lands. After the demise of his father, he inherited the properties along with other sharers and he is in possession and enjoyment of the same. The patta stands in their name and a joint patta was issued for the survey number 37/2(A) which was sub-divided into various numbers. But, the lands were erroneously classified as 'Kulam'. Individual and joint pattas were granted to various persons. As on date, a portion of the land which is adjacent to the road is used as house sites and Constructions are going on. As a result, the value of the property has multiplied and there is a demand for the land.