DISTRICT COLLECTOR, TIRUCHIRAPALLI ON BEHALF OF DEPARTMENT OF ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT Vs. B MOHAMED SHERIF (DECEASED)

JUDGEMENT

(1.) Introductory

(2.) The first respondent filed a writ petition in W.P.No.47033 of 2002 challenging the private sale of his land in S.No.574/3 of Suriyur Village, Tiruchirapalli Taluk. The first respondent contended that the land purchased by way of private sale by the Government on 15 April 1997 absolutely belongs to him and the vendors have no right to convey the property to the Government. The first respondent has produced voluminous documents to substantiate his contention that he is the rightful owner of the property in question. Before the Writ Court, the Special Tahsildar, Tiruchirapalli filed a counter affidavit justifying the sale. The counter affidavit proceeds as if the respondents 2 and 3 were the owners of the property on the basis of Adangal, Patta and other UDR records.

(3.) The learned single Judge found that there was no serious challenge to the claim made by the first respondent on the basis of the documents. The learned Judge therefore directed the Government to cancel the Sale Deed and to take disciplinary as well as criminal proceedings against all concerned. There was a further direction to restore the possession of the land to the first respondent.