S. JAYAVELU Vs. THE DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) The relief sought for in this writ petition is to forbear the respondents from dispossessing the writ petitioner from his property, which is a land, having an extent 1380 sq. ft., comprised in Survey No.199.2 of Vettavalam Village, Thiruvannamalai Taluk and Thiruvannamalai District and further direct the respondents to grant patta for assessing the land by levying Kist for the property of the writ petitioner's land having an extent of 1380 sq. ft.

(2.) The learned counsel, appearing on behalf of the writ petitioner, made a submission that the property in question was owned by one Chinnasamy Naicker and he sold the same in favour of one Mani Aachari through a registered Sale Deed in Document No.143 of 1990 dated 30.9.1990 registered with Vettavalam Sub Registrar Office. The said Mani Aachari passed away. The legal heirs of the deceased Mani Aachari namely, Sabari, Kanchana, Karthiga acquired the property by succession and they sold the same to one Govindaraj by a registered Sale Deed in Document No.3673 of 2010 registered with Vettavalam Sub Registrar Office. The writ petitioner purchased the same from the said Mr.A.Govindaraj, for a valid consideration by a registered Sale Deed in Document No.3069 of 2011 dated 2.9.2011 registered with Vettavalam Sub Registrar Office. Accordingly, the writ petitioner acquired title over the property and he is in absolute possession and enjoyment of the property for the past four years from the date of filing of the writ petition.

(3.) The writ petitioner claims title over the property. Further, he claims that he purchased the said property through a Sale Deed, by paying the consideration and the document has been registered before the Sub Registrar Office. The Tahsildar, Kilpennathur/third respondent filed a counter-affidavit stating that the land now claimed by the writ petitioner is a Government Poramboke land classified as "unassessed waste-parai and lying waste". The writ petitioner is an encroacher of the said land. The purchase of the abovesaid site by the writ petitioner is not maintainable. It is further stated that the writ petitioner is having a house-site at Natham Survey No.215/53B2 of the village under patta No.3382 over an extent of 42 sq. meters on which the writ petitioner has constructed a house.