- (1.) WRIT Petition filed under Article 226 of the Constitution of India seeking to issue a writ of certiorari to call for the records of the 1st respondent relating to his order dt. 4. 11. 1998 passed in G. O. (Nilai)No. 889/revenue Dept/ni. A1 (2) and quash the said order. This WRIT Petition has been filed under Article 226 of the Constitution of India seeking to issue a writ of certiorari to call for the records of the 1st respondent relating to his order dt. 4. 11. 1998 passed in g. O. (Nilai) No. 889/revenue Dept/ni. A1 (2) and quash the said order. Heard the learned counsel appearing for the parties.
(2.) THE writ petitioners are aggrieved by the order of the 3rd respondent herein dated 30. 5. 89 by which the 3rd respondent granted patta in favour of the 4th respondent for an extent of 69. 56 acres in Ammayandi village and 33. 07 acres in Panchanathipuram village, which was upheld by respondents 1 and 2 herein. This case has got a chequered history. One Vijaya raghunatha Muthukumara Vanangamudi Vazhuvatti Thevar was the Zamaindar of sendangudi Zamin consisting of Ammayandi, panchanathipuram `and other villages. He died in 1925 and as he was unmarried his brother's 2 year old son succeeded. Thereafter his mother Thangammal Ayiyar succeeded to the zamin. After her death, there was a quarrel for heirship of zamin between Appan @ Kumarasamy, the sister's son of last zamindar on the one side and the pangalis of the zamindar Singamuthu Vazhuvattiyar and others on the other side. As per the district Revenue Officer's order, Appan became the heir. Since the pangalis did not have enough resources to fight the litigation, they sought the help of thiru Chockalingam Pillai, the father of the 4th respondent herein. As per the arrangement between them, the pangalis executed a sale deed dated 1. 7. 1943 conveying the zamin to Chokkalingam Pillai. Thereafter, Singamuthu Vazhuvattiar and his sons filed a suit in O. S. No. 19/1947 on the file of the District court, thanjavur to declare the sale deed dated 1. 7. 43 as sham and nominal. The suit ended in a compromise decree dated 11. 9. 1950. According to which, Chokkalingam pillai was to get Rs. 1,36,550/- as compensation as the village was taken over on abolition of Inam Tenure and 2/3rd of the waste lands reclaimed by him in ammayandi village was to be retained by him. The remaining 1/3rd would go to singamuthu Vazhuvattiar and his sons. The other suit in O. S. No. 11/1943 on the file of the District court, Thanjavur between Appan and Chokkalingam Pillai went up to Supreme Court and the Supreme Court in C. A. No. 35/1949 passed a compromise decree dated 30. 1. 1951, according to which Chokkalingam Pillai released his entire rights over the zamin and in turn he was to get a compensation of Rs. 1,25,000/- and 70 acres of waste lands reclaimed by him in panchanathipuram village. The zamin was taken over by the Government on 3. 5. 1951 and Ryotwari Settlement was introduced under the Madras Estates Abolition of zamindari and Conversion into Ryotwari Act (Tamil Nadu Act 26/1948 ). Chokkalingam Pillai died in 1959 and his son the 4th respondent herein made an application on 24. 3. 1970 for grant of patta in respect of the waste lands in ammayandi and panchanathipuram villages. By orders dated 7. 7. 1971 and 12. 7. 71, the D. R. O. , Thanjavur rejected the application for patta for both the villages. A revision was filed against the orders of rejection and the same was also dismissed by the then Board of Revenue by order dated 17. 5. 76. However the board granted patta for 86. 79 acres in Ammayandi village and 39. 48 acres in panchanathipuram village in favour of the 4th respondent against his claim of 124. 56 acres in Ammayandi village and 98. 86 acres in Panchanathipuram village. Aggrieved by the order of the Board in not granting the entire claim, the 4th respondent filed a revision before the Government. So also the objectors who were aggrieved by grant of patta by the Board. By order dated 22. 3. 80, the government remanded the matter to the Board for fresh disposal. As the Board of revenue was disbanded in 1980, the District Revenue Officer who was empowered to enquire into the matter by order dated 30. 9. 83 granted patta in favour of the 4th respondent for 69. 56 acres in Ammayandi village and 33. 07 acres in panchanathipuram village. The said order was challenged before the Commissioner for Revenue Administration, who by order dated 7. 10. 85 set aside the order of dro and remanded the matter to DRO for fresh consideration.
(3.) BY order dated 30. 5. 89, the 3rd respondent/dro herein, confirmed the earlier order dated 30. 9. 83 granting patta for 69. 56 acres and 33. 07 acres in favour of the 4th respondent. The objectors filed a revision against the order of the DRO before the 2nd respondent and the 2nd respondent by order dated 5. 5. 97 confirmed the order of the 3rd respondent. Against the order of the 2nd respondent, the objectors, i. e. , the writ petitioners preferred a further revision to the Government, the 1st respondent herein, and the 1st respondent by order dated 4. 11. 98 confirmed the order of respondents 2 and 3 dated 5. 5. 97 and 30. 5. 89 respectively. Aggrieved by the above orders, the petitioners have filed the above writ petition. According to the writ petitioners, they are in occupation and cultivation of the lands as village communal lands which are now granted to the 4th respondent by issuing patta. The 4th respondent died pending writ petition and as per order dated 25. 8. 2006 in WPMP No. 38424/2003, respondents 5 to 12 were substituted as Legal Representatives of the 4th respondent. Respondents 5 to 12 except 7th respondent filed a counter affidavit wherein, a preliminary objection was raised as to the maintainability of the writ petition and the locus standi of the writ petitioners to file the writ petition. On facts, the respondents denied the entire averments and supported the orders of respondents 1 to 3 in granting patta to the 4th respondent.;