A KALIAMMAL Vs. TAHSILDAR

JUDGEMENT

(1.) THE request of the 1st petitioner for change of patta in her name in respect of land along with the building, bearing Door No.4/723, measuring 579 sq.ft., comprised in S.F.No.203/9B2A, 203/9D in Annadhanapatti, Salem and purchased by the 1st petitioner under Sale Deed dt.29.11.1999 was rejected by the 1st respondent by order dated 27.09.2000 and the said order was initially put to challenge in this writ petition. THE petitioner has also prayed for a direction to the 1st respondent to transfer the patta in respect of the above said lands to the 1st petitioner.

(2.) DURING the pendency of this writ petition, records were produced by the learned Additional Government Pleader and a contention was raised that possession in respect of the said property had already been taken over by the Special Deputy Tahsildar, Land Reforms and handed over to the Zonal Deputy Tahsildhar, Salem by proceedings in Mu.Mu.17315/2000 dt.27.09.2000. In these circumstances, the petitioner has filed WPMP.No.497 of 2009 for an amendment as follows:".....writ of Certiorarified Mandamus or any other appropriate writ, direction or order, calling for the records relating to the Order bearing No.Nil dt.19.05.1999 on the file of the 2nd respondent and the order bearing No.Mu.Mu.17315/2000 dt.27.09.2000 on the file of the first respondent and quash the same and consequently, to direct the 1st respondent to transfer the patta for the land along with the building, bearing Door No.4/723, measuring 579 sq.ft., comprised in S.F.No.203/9B2A, 203/9D in Annadhanapatti, Salem and purchased by the first petitioner under Sale Deed dt.29.11.1999 and registered as Doc.No.4459/99 (Sub Registrar, Thathagapatti, Salem) in her name....."Record of proceedings shows that this Court by order dated 30.07.2009 has permitted the amendment.

(3.) BY proceedings dated 27.09.2000, the Tahsildar, Salem rejected her request on the ground that the subject matter of land had already been taken possession under the Urban Land (Ceiling & Regulation) Act, 1976 and that the lands have been declared as Government Porambokke lands. The said proceedings was originally impugned in this writ petition and subsequently, the prayer has been amended as stated supra.