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2007 Supreme(Mad) 3395

FAKKIR MOHAMED IBRAHIM KALIFULLA, S.PALANIVELU
G. Radhakrishnan – Appellant
Versus
The President, Edayakottai Panchayat, Edayakottai, Oddanchathiram Taluk, Dindigul District – Respondent


Advocates Appeared:
For the Petitioner:R. Vijayakumar, Advocate. For the Respondent: R. Janakiramulu, Spl. Govt. Pleader.

Judgment :-

S. Palanivelu, J.

This Writ Petition has been filed, praying for issuance of a writ certiorari, to call for the records relating to the impugned order of the respondent, dated 17.09.2007, whereby the petitioner was directed to vacate the property in S.No.646/70, Edayakottai Village, Oddanchathiram Taluk, Dindigul District, within seven days, and to quash the same.

2. According to the petitioner, he is a resident of Edayakottai Village, Oddanchathiram Taluk, Dindigul District; his father one S.P.Govindan Chettiar purchased one cent of land comprised in Survey No.646/70 by means of a registered sale deed, dated 21.10.1970; after his fathers lifetime, he is in possession of the property; he has put up a grocery shop therein, got the electricity connection and, for the past 37 years, he is in possession and enjoyment of the property, by paying property tax, house tax and professional tax.

3. It is the further case of the petitioner that Patta Updating Scheme was launched in the year 1985, wherein the above survey number was wrongly classified as "Santhai" and, hence, a cloud was cast on the holding as if the property belonged to the Panchayat.

4. The respondent issued a notice































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