MURUGAN Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) This petition has been filed for issuance of Writ of Certiorarified Mandamus, to quash the impugned order passed by the first respondent herein / Revisional Authority in his proceedings in g.K.b6/3205/2017, dated 07.08.2017, signed on 08.08.2017 and to direct the respondents 1 to 3 herein to restore the same as illegal and further directed the respondents 1 to 3 herein to restore Patta No.789 in respect of Survey No,160/2, to an extent of 0.93.0 Hectare (2 Acres 30 Cents), Karunkulam Village, Srivaigundam Taluk, Tuticorin District within the time frame as may be stipulated by this Court.

(2.) The petitioner states that he is the owner of a land measuring to an extent of 2 Acres 56 cents in S.No.160/1 and to an extent of 2 Acres 30 Cents in S.No.160/2 in Karungulam Village, Tuticorin District. It is also stated by the petitioner that the entire land referred to above was purchased by the petitioner by way of a registered sale deed, dated 20.02.1995. It is also stated by the petitioner that the petitioner obtained patta for S.No.160/2 and joint patta in respect of S.No.160/1. It is further stated in the affidavit that the legal heir of one Sankarapandi Thevar, claims right over an extent of 2 Acres in S.No.160/1, which was also purchased by the said Sankarapandi Thevar from the same vendor, from whom the petitioner purchased the property.

(3.) Since there was a dispute with regard to title and enjoyment in respect of an extent of southern 2 Acres in S.No.160/1, a suit came to be filed in O.S.No.33 of 2009 by the legal heirs of Sankarapandi Thevar, against the writ petitioner. Though the said suit was decreed and the first appeal was also dismissed, it is stated that the second appeal in S.A.(MD)No.775 of 2012 filed by the petitioner is pending before this Court. It is further stated that another suit in O.S.No.81 of 2009 was filed by the fourth respondent in the writ petition, before the Subordinate Court, Tuticorin against the petitioner and that the said suit is pending. Yet another suit was also filed in O.S.No.107 of 2015 by the fourth respondent as against the legal heirs of the said Sankarapandi Thevar and the said suit is also pending. It is stated that the petitioner was also compelled to file yet another suit in O.S.No.53 of 2017 before the Subordinate Court, Tuticorin, against the legal heirs of said Sankarapandi Thevar and that the said suit is also pending.