LAWS(MAD)-2018-1-1251

A. NATARAJAN Vs. TAHSILDAR, ARANI TALUK, TIRUVANNAMALAI DISTRICT

Decided On January 29, 2018
A. NATARAJAN Appellant
V/S
Tahsildar, Arani Taluk, Tiruvannamalai District Respondents

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner. Mr. A.N. Thambidurai, Learned Special Government Pleader takes notice for the Respondent. By consent, the main Writ Petition is taken up for disposal.

(2.) According to the Petitioner, his father Adikesavan (since deceased) occupied an extent of 204 sq. ft. in T.S.No.60, E1 Block of Arani Town, more than 50 years ago running a small Pandal business to eke out his livelihood. As a matter of fact, the Petitioner's family was in occupation of the said extent for more than 50 years and the remaining extent was occupied by others. In this connection, the stand of the Petitioner is that his father's possession and enjoyment was recognised atleast from the year 1970 as per the Chitta issued by the revenue authorities. Indeed, in the year 1982, the revenue authority had recommended for grant of patta in the name of Petitioner's father.

(3.) The version of the Petitioner is that his father died in the year 1977, whereupon he was in possession and enjoyment for the past 30 years, which is evident from the registration certificate issued by the commercial tax department, professional tax receipt issued by the Arani Municipality and E.B. Tariff receipts issued by the Electricity Board. Apart from that, the plea taken on behalf of the Petitioner is that the Respondent has recognised the Petitioner's exclusive possession over 204 sq.ft., by levying B Memo charges. Added further, the Petitioner's father had submitted application seeking for issuance of patta and sent reminders to the District Collector, Thiruvannamalai on various dates. However, no action has been taken by them.