N.RAJA MOHAMED Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the writ petitioners, the learned Additional Government Pleader for the respondents 1 and 6, the learned counsel for the second respondent and the learned counsel for the fifth respondents.

(2.) The land comprised in S.No.184/2A1, Kanankottai Village, Devakottai Taluk was acquired under the provisions of the National Highways Act, 1956. Patta in respect of the said land stood in the name of the fifth respondent. The fifth respondent had purchased the property vide sale deed dtd. 11/1/2007 from the fourth respondent. The fourth respondent in turn had purchased the property from the third respondent vide sale deed dtd. 27/1/2005. The revenue record reflected the name of one Sagu Rowther, he was none other than the father of the third respondent.

(3.) On the other hand, the petitioners herein claim to have inherited the acquired property from their father Nagoor Gani in whose favour a Will was executed on 19/1/1962 by his grandfather Abdullah. Old S.No.184/2 reflected the names of seven persons out of whom Abdullah was one. The first petitioner herein filed W.P.(MD)No.9512 of 2019. The prayer in the said writ petition was as follows:- "Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the 1st respondent from proceeding with the land acquisition proceedings in respect of the properties in Survey No.184/2A1, Kannakottai group, Devakottai Taluk, Sivagangai District in view of the patta proceedings pending before the 2nd respondent in Na.Ka.P4-25015-18 dtd. 1/2/2019 by considering the petitioner's representation dtd. 10/4/2019."