P BALASUBRAMANIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The relief sought for in this writ petition is to forebear the respondents herein, their men and subordinates from in any manner interfering with the petitioner's peaceful possession and enjoyment of the land comprised in Grama Natham Survey No. 211/2, Navalur Madura, Mocheri Village, Sriperumbudur Taluk, Kancheepuram District, measuring to an extent of 1254 Sq.ft., and consequently direct the respondents to consider the request of the petitioner for the grant of patta for the above said land.

(2.) The learned counsel appearing for the writ petitioner made a submission that the writ petitioner is in possession and enjoyment of the land comprised in Grama Natham Survey No.211/2, Navalur Madura, Mocheri Village, Sriperumbudur Taluk, Kancheepuram District measuring to an extent of 1254 sq.ft. The petitioner claims that he was in possession and enjoyment of the said land for several decades. The petitioner continued in possession from their forefathers and accordingly, he is entitled for grant of patta by the authorities under the Patta Pass Book Act. Though the petitioner has narrated that he purchased the land from one Mr.Y.Abdullah by way of sale deed dated 21.03.2007 registered in Document No.2245/2007 in S.R.O. Padappai and in possession and enjoyment of the said property, the petitioner had been assessed to house tax and the panchayat concerned granted building plan approval in favour of the predecessor of the petitioner to construct the building. However on 13.11.2013, the second respondent and his men came to the premises and demolished the hut belonging to the writ petitioner without any notice by stating that the land belongs to the Government. The petitioner though produced the Registered sale deed to establish his ownership and title, the second respondent failed to look into the same and demolished several other houses constructed in the very same location. At the outset, it is contented that the petitioner is the absolute owner of the property and possessing title over the said property and was in possession and enjoyment of the same.

(3.) The stand taken by the writ petitioner is self-contradictory that the petitioner claims that he purchased the said land from Mr.Y.Abdullah through a registered sale deed dated 21.03.2007. Now, he pleaded that it is a grama natham land and therefore the petitioner is entitled for patta. If the writ petitioner is the owner of the property and possessing title, then he cannot say that the land is a grama natham and he was in possession and enjoyment of the grama natham land entitled for grant of patta. On the other hand, the petitioner states that he is the owner of the land and possessing title on the other hand, the prayer sought for is that the patta should be granted in his favour.