P S NANDAKUMAR Vs. MAKKAL SAMUGA NALA SANGAM

JUDGEMENT

(1.) THE revision petition is filed under Article 227 of the Constitution of India to strike off the plaint in O. S. No. 240 of 2007, on the file of District Munsif, Ponneri.

(2.) THE defendants 1 to 3 in the suit have filed the present revision. The first respondent has filed the above said suit against the revision petitioners as defendants 1 to 3 and the District Collector, Tiruvallur and the Tahsildar, Ponneri as defendants 4 and 5, for declaration that the suit property belonged to the Village Chavadi, which is gramanatham land and for mandatory injunction directing the defendants 4 and 5, viz. , the District Collector, Tiruvallur and the Tahsildar, Ponneri to cancel the patta bearing No. 783 standing in the name of the revision petitioners and for permanent injunction against the revision petitioners.

(3.) THE schedule of property in the suit relates to the lands comprised in Survey No. 423/2 measuring an extent of 0. 15 cents, which is stated to be gramanatham chavadi originally belonged to Government and situated at Sholavaram Firka, Ponneri Taluk, Tiruvallur District. The said suit was filed on the basis that the first respondent has been in possession of the said property for 10 years, and running a School without interference from any one. Further, the plaintiff has stated that he has handed over the property to the Village Panchayat for putting up a Primary Health Centre and the defendants, who are the revision petitioners are influential persons in the local area and have created forged documents and misrepresented before the Revenue authorities and obtained patta in favour of one Shanmuga Chetty, the father of the revision petitioners. It is also stated that the revision petitioners have been trying to prevent the putting up of the Primary Health Centre. Further, the plaintiff states that the said Shanmuga Chetty has executed a settlement deed on 30. 09. 2002, in favour of the revision petitioners which, according to the plaintiff, is not valid in law, since he had no right, title, interest over the property. Further, the plaintiff Sangam along with the Villagers gave a representation to the Revenue authorities on 28. 06. 2006 to cancel the patta issued to the revision petitioners. According to the plaintiff Sangam, the revision petitioners in collusion with the Revenue authorities have attempted to alienate the suit property in March,2007. With the above said pleadings, the first respondent has filed the above said suit for the relief as stated above.