A RAJU Vs. KARUPPAIH

JUDGEMENT

(1.) THE petitioner had filed the above Writ petition challenging the order passed by the 10th respondent herein, THE District Revenue Officer, Madurai. By the impugned order, the 10th respondent has set aside the earlier orders passed by the Record Officer (Tenancy Records)-cum- Tahsildar, Madurai North and the Revenue Divisional Officer, Madurai, thereby deleting the petitioner's name as the cultivating tenant of the lands owned by Poosaries. Patta has been issued in the name of four Poosaries and Iyyanar Temple.

(2.) THE facts of the case are that the petitioner herein submitted an application to the 8th respondent on 12.09.1979 to record his name as the cultivating tenant. THE 8th respondent, after conducting necessary enquiry, recorded the name of the petitioner as the cultivating tenant. Aggrieved by such entry, the Pattathars of the property filed an appeal before the 9th respondent. THE Appellate Authority, by an order dated 27.05.1985 confirmed the order of the Record Officer dated 12.09.1979. Aggrieved by such order, the Pattathars filed a Revision before 10th respondent. THE Revisional Authority, by an order dated 14.09.1986 allowed the Revision Petition and set aside the orders passed by the 8th and 9th respondents. Aggrieved by such order, the petitioner filed a Writ petition before this Court in W.P. No. 11198 of 1986. THE said Writ petition was allowed by an order dated 09.12.1996 and remanded the matter to the District Revenue Officer, Madurai for fresh disposal according to law within a period of 90 days from receipt of a copy of order. On remand, the 10th respondent herein by an order dated 03.05.1999 dismissed the Revision Petition, which order is impugned in the Writ petition.

(3.) IT is submitted that the Writ petitioner's father and eight others had laid some claims over the lands based on some documents executed by one of the Poosaries namely S. Karanthamalai Velar. Therefore, a suit in O.S. No. 54 of 1977 came to be filed before the District Munsif Court at Melur for recovery of possession. The said suit was decreed on 31.07.1978 and the Plaintiff filed an execution petition in E.P.No. 217 of 1978 and possession was taken over by three trustees on 08.11.1978 through Court.