MUTHUSAMY Vs. DISTRICT REVENUE OFFICER, COIMBATORE AND OTHERS

JUDGEMENT

(1.) The case of the petitioner is that the properties comprised in S.F. No. 143/1 to an extent of 2.65.00 Hectares situate at No. 10, Muthur in Sangarayapuram Puthur Madura, in Kinathukadavu Taluk, Coimbatore District was originally belonged to one Chellappa Gounder, the Grand-father of the Petitioner, who acquired the title under a registered sale deed dated 04.11.1958. The said Chellappa Gounder was in absolute possession and enjoyment of the property all along. The Wife of Chellappa Gounder Viz., Pachayammal predeceased him and the Chellappa Gounder died leaving behind two sons and one daughter Viz., (1)Chinnasamy Gounder, father of the Petitioner herein, (2)Perumalsamy Gounder and (3)Smt. Athammal, as his legal heirs to inherit his estate.

(2.) On 03.11.1966, the sons of Chellappa Gounder partitioned the said property under a Registered deed of partition, pursuant to which they had been in separate possession and enjoyment of the property. Father of the Petitioner herein namely Chinnasamy Gounder, died on 29.05.2011 and Perumalsamy Gounder died on 26.12.2006, leaving behind their respective legal heirs. Followed by which the Petitioner and his Co-brothers have been in possession and enjoyment of their respective properties peacefully without any hindrance. In fact the sisters of the Petitioner executed release deed in favour of the Petitioner in respect of their share under a registered deed dated 06.05.2013 on the file of the Sub Registrar Office, Kinathukadavu in respect of the above said property. Apart from that the Petitioner has mortgaged the said property on 07.02.2003 before the K.91 Kinathukadavu Primary Agricultural Co-operative Bank Limited towards an agricultural Loan under a registered mortgage deed. Again the Petitioner sold a piece of property in Survey No. 141/3 to an extent of 58 cents to one Umapathy on 06.05.2013 under a registered document. No. 3822 of 2013 on the file of the Sub Registrar Office, Kinathukadavu and there is no objection from the 'B' parties/Respondents 5 to 8. In such a manner the Petitioner is in possession and enjoyment of the property as absolute owner.

(3.) The Petitioner contented that in continuation of the above transaction the Revenue records were mutated in favour of the Petitioner and his Co-brother in Patta No. 165 and 338 respectively and thereby they are paying the Kist as well as and other charges to the competent authorities and are enjoying the properties. Under such circumstances, the 5th respondent seems to have made representation to the 2nd respondent herein seeking to cancel the Patta standing in the name of the petitioner alleging that he has purchased the subject matter of the property through the Court auction sale in an execution proceedings before the District Munsif Court, Pollachi and a sale Certificate also been issued in his favour. Without affording sufficient opportunity and considering the materials evidences which stands in favour of the Petitioner, the 2nd respondent has cancelled the Patta. Aggrieved by which the Petitioner has preferred an appeal before the 1st respondent herein and the same is pending for disposal.