SENNIMALAI GOUNDER(DIED) Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) This Writ Petition is filed to quash the Order of the First Respondent in R.P.No.11/2005/C2 dated 06.01.2006 confirming the order of the Second Respondent in Na.Ka.No.7422/04/B1 dated 29.06.2004 and consequently to direct the Third Respondent to restore and record the names of the Petitioners in the village records in respect of the lands that are subject matter of the present Writ Petition.

(2.) The primary question that arises for consideration in this Writ Petition is whether the Sub Collector, Pollachi, namely, the Second Respondent herein, had the jurisdiction to issue the Order dated 29.06.2004 to cancel the pattas that were issued to the Petitioners, which Order was confirmed in Revision by Order dated 06.01.2006. The ancillary question that also arises for consideration is whether the Petitioners herein acquiesced in the exercise of jurisdiction by participating in proceedings before the Second Respondent and by filing a Revision Petition before the First Respondent and, therefore, relinquished the right to raise the plea of lack of jurisdiction.

(3.) The relevant facts for the purposes of deciding this Writ Petition are as follows: