SELVARAJ Vs. REVENUE DIVISIONAL OFFICER AND OTHERS

JUDGEMENT

(1.) Challenging the order of the Revenue Divisional Officer, Usilampatti, Madurai District, in proceedings Mu.Mu.No. 1981/2017/Aa4 dated 19.10.2017, the petitioner is before this Court.

(2.) According to the petitioner, his father possessed the patta in respect of a part of the land acquired by the Government. Originally, the award was passed on 21.09.1992. His father filed a petition in land acquisition proceedings in L.A.O.P.No. 73 of 1998 for enhanced compensation. After his demise, his legal heirs were impleaded before the IV Additional District Court, Madurai, and the petition in L.A.O.P.No. 73 of 1998 was allowed on 21.09.2003. Subsequently, an Execution Application was filed for disbursement of the enhanced award amount. During the pendency of the execution, the third respondent herself claimed that she is the title holder of the land acquired by the Government, for which, the petitioner filed his objection. Thereafter, the petition was preferred to the first respondent, who passed the impugned order, awarding compensation to the third respondent. The first respondent has no jurisdiction to decide the title of the property. Since the original award was received by his father, the enhanced compensation should also be disbursed to him and therefore, the impugned order is liable to be set aside.

(3.) Per contra, the learned counsel appearing for the third respondent would submit that the third respondent has purchased the property by way of a registered sale deed as early as on 19.02.1977. Patta, chitta and adangal were all standing in her name. The Encumbrance Certificate dated 12.07.2016 would also reveal that the third respondent is the title holder of the property and the petitioner is not the owner of the property or tenant or lessee.