P VANAMAMALAI Vs. P MARIYAPPAN; DISTRICT REVENUE OFFICER; SPECIAL DEPUTY COLLECTOR; TENANCY RECORD TAHSILDAR; EXECUTIVE OFFICER; ASHOK KUMAR

JUDGEMENT

(1.) This Writ Appeal has been directed against the order passed in W.P(MD)No.960 of 2006, dated 06.02.2008 by the learned Single Judge of this Court.

(2.) The appellants herein as petitioners have filed W.P(MD)No.960 of 2006 on the file of this Court under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent with regard to T.R.7/92, dated 25.03.2002, confirmed by the second respondent in proceedings Me.Mu.28/2002, dated 02.11.2014 and again confirmed by the first respondent by his order dated 29.09.2005 and quash the same.

(3.) It is averred in the petition that the land mentioned in the petition is the absolute property of the fourth respondent. The father of the petitioners by name Periyasamy Nadar has had enjoyed the same as a tenant of the fourth respondent till his demise. After his demise, the petitioners and fifth respondent have been enjoying the same as tenants of the fourth respondent and fifth respondent without the consent of the petitioners has manoeuvred to record his name as cultivating tenant in respect of entire extent. Under the said circumstances the petitioners have given an application to the third respondent so as to record their names as co-tenants and the third respondent has rejected the claim of the petitioners by way of holding that the petitioners have not challenged the entry made in favour of the fifth respondent in tenancy records and subsequently an appeal has been preferred before the second respondent. The second respondent has confirmed the order passed by the third respondent and again an appeal has been preferred before the first respondent. The first respondent has also confirmed the orders passed by the respondents 2 and 3. Under the said circumstances the present writ petition has been filed for getting the relief sought for therein.