VISHWAS FOOTWEAR COMPANY LTD Vs. DISTRICT COLLECTOR KANCHEEPURAM

JUDGEMENT

(1.) The writ appeal is directed against the order dismissing the writ petition filed by the appellant herein. Facts giving rise to the present writ appeal are as follows. The appellant company claims to have purchased an extent of 51 cents in Survey No.93/3 and 57 cents in Survey No.93/4 of Thandalam village, Sriperumbudur Taluk, Kancheepuram District from one Tmt.Shoba Ramalingam by way of a registered sale deed dated 30.10.92 in Document No.4673 of 1992 registered on the file of Sub Registrar, Sriperumbudur. According to the appellant, the said Tmt.Shoba Ramalingam in turn acquired an extent of 80 cents of land in Survey No.93/3 from one Thiru K.Palani Achari under a registered sale deed and the said Thiru.Palani Achari in turn acquired his holdings in the said survey number from one Thiru.T.Balarama Pillai and others in the year 1964 by way of a registered sale deed.

(2.) The appellant company's holding in Survey No.93/3 was sub-divided as Survey No.93/3A and the holding in Survey No.93/4 was sub-divided as Survey No.93/4A. The appellant company had been paying kist regularly and the same was made upto Fasli 1414 as on 19.3.2005. In respect of the land, Patta No.459 was issued in favour of Tmt.Shoba Ramalingam, the vendor of the appellant company. Ever since the date of purchase in the year 1992, the appellant company had been in possession of the property and had developed the same by spending over Rs.11 lakhs. An extent of 0.163 square metres of land in Survey No.93/4 was acquired by the Highways Department and the appellant was also paid the compensation therefor.

(3.) The appellant was served with the proceedings of the Revenue Divisional Officer, Kancheepuram dated 8.6.2005 requiring them to appear before him for an enquiry on 10.6.2005. That proceeding relates to an enquiry, whereby one Thiru.E.Kumar claimed patta in Survey No.93/3 in an extent of 1.32 acres. The appellant was directed to produce the document relating to title, which they did. In spite of the same, by the proceedings of the Revenue Divisional Officer, Kancheepuram dated 16.7.2005, the patta granted in favour of the appellant was cancelled in respect of 80 cents of land in Survey No.93/3 with a further direction to issue patta in favour of one Thiru E.Kumar, the fourth respondent in this writ appeal.