RAMACHANDIRAN & ORS. Vs. THE ESTATE OFFICER

JUDGEMENT

(1.) The petitioners have filed this Civil Revision Petition to set aside order dated 10.01.2011 made in M.A. No. 2 of 2010 on the file of the IIIrd Additional District Judge, Pudhucherry.

(2.) The case of the revision petitioners is that a portion of land in R.S. No. 47/1 of Kurumbapet Revenue Village measuring to an extent of 0.09.00 Hec., is under their occupation. The said property earlier stood as a dry and barren land used as a public latrine by the villagers therein. Being so, the father of the revision petitioners namely Nathan by planting trees developed the property and the same was under his possession till his life time. In the meantime, some of the public claiming to be the Panchayathars tried to grab the above portion of property, for which the revision petitioners father Nathan filed a suit in O.S. No. 912 of 1999 and obtained a decree of injunction. On the failure in their attempts, the above Panchayathars approached the respondent herein praying to evict the revision petitioners' father claiming that the portion of property is required for the occupation of a local temple namely Sri Iyyanarappan Koil.

(3.) In pursuance of the same, regardless of the long possession of the petitioners' father, form AA notice was issued by the respondent. Against which the said Nathan preferred an appeal before the Learned District Judge, Pudhucheery in M.A.No.10 of 2000 and the appeal was disposed on 04.11.2003 by holding that the respondent may consider providing a suitable alternative site to the revision petitioners' father.