K. Bala Gopala Krishnan v. District Collector, Dindigul District
2015-02-13
V.M.VELUMANI
body2015
DigiLaw.ai
Judgment 1. This Writ Petition has been filed to quash the impugned order of the second respondent, dated 25.10.2007, made in Na.Ka.No.4574-07-Aa8 and direct the respondents to cancel Joint Patta No.515 and grant an individual patta in the petitioner's name for total extent of 1 acre 59 cents in Survey Nos.647/1 and 647/2, situated at Kodalvavi Village, Dindigul District. 2. The petitioner's grandfather viz., Sri.Akkama Naicker and his sons viz., Sri.Subba Naicker and Gurusamy Naicker administered various properties in Kodalvavi Village. In the year 1930, they have partitioned the properties among their eight children. The entire properties were partitioned in seven divisions like A, B, C, D, E, F and G schedules. In the said partition, several properties of 'E' Schedule, were allotted to the petitioner's father and also half shares were allotted to his father in S.Nos.647, 654 and 674, in item No.5 of 'E' schedule properties. The petitioner's father was in peaceful possession and enjoyment of the entire 'E' schedule properties. While so, in the year 1958, the petitioner's father effected partition and the properties referred to above S.No.647, measuring an extent of 1 acre 59 cents, was fully allotted to the petitioner. From that date, the petitioner is in possession and enjoyment of the same. 3. According to the petitioner, at the time of settlement, the said Survey Number was divided and S.No.647/1 was given an extent of 35 cents and S.No.647/2 was given an extent of 1 acre 14 cents. Due to arithmetical error at the time of settlement, 10 cents were left out. According to the petitioner, in the year 1930, his step brother Latchumanasamy's father got 'F' schedule properties in the partition. They were creating problems to the petitioner. The said Latchumanasamy created a partition on 10.12.1986 by fraudulently merging some portion of the petitioner's properties in S.No.647/1. In the year 2005, Latchumanasamy's son Krishnasamy got joint patta in Patta No.515, by influencing the second respondent. The petitioner and the said Krishnasamy were shown as owners in respect of properties in S.Nos.647/1 and 647/2. In that patta also, 9 cents were omitted. 4. The petitioner gave various representations to the respondents to delete the name of Krishnasamy and issue patta in his name only. No action was taken by the respondents. Therefore, he gave a representation to the Chief Minister's Cell.
In that patta also, 9 cents were omitted. 4. The petitioner gave various representations to the respondents to delete the name of Krishnasamy and issue patta in his name only. No action was taken by the respondents. Therefore, he gave a representation to the Chief Minister's Cell. It was referred to the first respondent, who referred the same to the second respondent. 5. The second respondent enquired the said Krishnasamy, who stated that he has no objection for single patta being issued to the petitioner in respect of S.No.647/2. The second respondent, by his proceedings in Na.Ka.No.4574-07-A8, dated 23.10.2007, issued patta showing the petitioner as owner in respect of the land measuring an extent of 0.47.0 Ares in S.No.647/2. In the said patta, according to the petitioner, 10 cents were not included. Hence, the petitioner has filed the present writ petition for the relief stated supra. 6. Heard the learned counsel appearing for the parties. 7. I have perused the materials available on record and considered the arguments of the learned counsel for the parties. 8. The petitioner seeks to quash the impugned order and a consequential direction to cancel Joint Patta No.515 and grant individual patta to him for the property measuring an extent of 1 acre 59 cents in S.Nos.647/1 and 647/2, situated at Kodalvavi Village, Dindigul District. 9. The second respondent has considered all the documents produced before her and enquired Krishnasamy, Joint Pattadhar. After due enquiry, the second respondent passed the impugned order and directed the Tahsildar, Dindigul, to issue an individual patta in the name of the petitioner in respect of the property in S.No.647/2 measuring to an extent of 0.47.0 Ares. Joint Patta No.515 relates to properties in S.No.647/1, measuring an extent of 0.14.0 Ares and individual patta in respect of the property in S.No.647/2, measuring an extent of 0.47.0 Ares, had been ordered to be issued to the petitioner. This order has been passed based on the documents produced before the second respondent and an enquiry was conducted by her. The petitioner himself admits that certain extent of land was left out due to arithmetical calculation in the earlier settlement. 10. Therefore, the impugned order of the second respondent does not suffer from any infirmity. The petitioner himself has admitted that certain extent of land was allotted to his step brother Latchumanasami's father, in S.No.647.
The petitioner himself admits that certain extent of land was left out due to arithmetical calculation in the earlier settlement. 10. Therefore, the impugned order of the second respondent does not suffer from any infirmity. The petitioner himself has admitted that certain extent of land was allotted to his step brother Latchumanasami's father, in S.No.647. Unless the petitioner proves his title of 1 acre 59 cents in S.Nos.647/1 and 647/2, he is not entitled to patta to that extent. 11. For the above reasons, the writ petition is liable to be dismissed and accordingly, dismissed. It is open to the petitioner to apply for patta in respect of the property measuring an extent of 1 acre 59 cents in S.No.647/1 to the concerned authorities along with supporting documents. No costs.