S KULANTHAIVEL Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) 1.(PETITION under Article 226 of The Constitution of India praying for the issuance of writ of Certiorari calling for the records of the 2nd respondent in Rc.No.D.Dis.K3/40897/2001 dated 20.12.2004 reversing the order of the 1st respondent in Rc.No.Ni.Mu.17879/1998/L2 dated 27.05.1998 and quash the order dated 20.12.2004 as illegal, arbitrary and unenforceable.)The petitioner herein seeks a writ of certiorari to quash the order dated 20.12.2004 made by the second respondent reversing the order of the first respondent dated 27.5.1998. The challenge to the said proceedings is on the ground that the second respondent had failed to take into account the report of the field staff and other revenue officials. It is further stated that the petitioner had title to the property, which the second respondent had ignored. The patta was granted to the petitioner on 27.5.1998 and the lands are under the cultivation of the petitioner. Consequently, the proceedings of the second respondent suffers from material illegality deserving to be set aside by this Court.

(2.) THE petitioner's mother, one Pavayee Ammal, purchased an extent of 7.33 acres of land out of a total extent of 8.87 acres of land in Singalanthapuram Village in Rasipuram Taluk under Sale Deed dated 11.6.1955. THE lands in question were sold by the legal heirs of one Palani Naickkan. Eversince the purchase, the lands were cultivated continuously by raising punja crops. However, when the village had been taken over by the Government under the provisions of the Tamil Nadu Estate (Abolition and Conversion) Act 26 of 1948, an extent of 6.40 acres in S.No.11 was classified as Kuttai Poramboke under the settlement proceedings, introduced in the year 1950.