POOMANI Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has filed this writ petition for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the first respondent in ref. Na.Ka.No: E3/A.V.No:90/06 NP dated 17.10.2007 of the first respondent and quash the same and consequently forbearing the respondents their men, agents, servants, officials and subordinates from in any manner interfering with the peaceful possession and enjoyment of the property measuring 3272.5 sq.feet. in S.No:628/1A, new S.No:725/1, T.S.No:88, new T.S.No:114, Sivakasi Village, Sivakasi, Virudhunagar District.

(2.) The case of the petitioner is that he purchased a housing plot measuring 3272.5 sq.feet. in S.No:628/1A, new S.No:725/1, T.S.No:88, new T.S.No:114, Sivakasi Village, Sivakasi, Virudhunagar District under a registered sale deed dated 6.7.1995. The above said housing plot forms part of a larger extent of plot approved for lay out by the 2nd respondent. On 11.7.1994 the 2nd respondent Municipality granted approval for building plan. In pursuance of the said approval, several shops were constructed in the said area. After construction, there was a registered partition deed was effected between the family members on 19.1.1995. As stated above, the petitioner has purchased a housing plot under a registered sale deed. The possession of the property has been vested with the petitioners vendor from the date of partition and before that from 1962 onwards possession was with their ancestors. After sale, the possession and enjoyment is exclusively with the petitioner.

(3.) While so, after 10 years of petitioners purchase, the 1st respondent herein issued an order dated 30.6.05 stating that Patta stood in the petitioners name has been reclassified as poromboke. On coming to know the same the petitioner filed W.P.No:7298/05 before this Honble Court. This Honble Court by order dated 10.8.05 set aside the above said order with a direction to the first respondent to give opportunity to the petitioner and pass orders on merits thereafter.