C. ARJUNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed seeking to quash the order dtd. 2/9/2009 made in Moo.Mu.No.7716/2009 on the file of the second respondent and consequently direct the respondents to transfer the patta in favour of the petitioner in respect of land measuring to an extent of 1.21 acres comprised in Survey Nos.23/3 and 23/4 of Anantha goundam palayam Village, S. Minnakkal, Rasipuram Taluk, Namakkal District.

(2.) Learned counsel for the petitioner would submit that the land measuring an extent of 1.21 acres comprised in Survey Nos.23/3 and 23/4 of Ananthagoundam palayam Village, S. Minnakkal, Rasipuram Taluk, originally belong to one Kondan. The said Kondan acquired title of the land through an assignment order under the Adi Dravidar Assignment Scheme issued by the Settlement Officer of the then Salem District. From the date of assignment, the said Kondan was in possession and enjoyment of the land. Subsequently, patta was issued by the Special Tahsildar, Rasipuram Taluk under the UDR scheme, vide Patta No.89 in favour of said Kondan, S/o. Thiruman. The said Kondan was in continuous possession of the property for more than 50 years. Later, the petitioner along with his wife jointly purchased the said property from Kondan and his legal heirs vide registered sale deed under Document No.728 of 1991 dtd. 5/9/1991 on the file of the Sub Registrar, Mallasamudram. The petitioner made an application to the 3rd respondent seeking transfer of patta along with the copy of the sale deed. The 3rd respondent referred the matter to the 2nd respondent by proceedings dtd. 20/7/2009 for clarification with regard to issuance of patta in favour of the petitioner. The 2nd respondent issued the proceedings No.Moo.Nu.7716/2009 dtd. 2/9/2009 rejecting the claim for transfer of patta on the ground that the subject matter of the land is an assignment land and the same has been assigned to Adi Dravidar community, since the petitioner does not belong to the said community, he is not entitled for grant of patta. Challenging the same, the petitioner has filed the present writ petition before this Court.

(3.) Learned counsel for the petitioner also raised a ground that the vendor of the petitioner has been in continuous possession for more than 50 years pursuant to the order of the Special Tahsildar, Rasipuram Taluk, Salem District. Inspite of continuous possession and joint enjoyment, denial of patta is arbitrary, illegal and unsustainable in law. Hence, the impugned order is liable to be quashed.