The main legal point established in the judgment is the importance of following the prescribed procedure and conducting thorough enquiries before effecting mutation or cancellation of patta under the Tamil Nadu Patta Pass Book Act, 1983.

Challenge in this petition is to the order dated 21.02.2009, passed by the Revenue Divisional Officer, Lalgudi, Trichy District, the second respondent and confirmed by order dated 09.11.2009, passed by the District Revenue Officer, Tiruchirapalli, the first respondent, directing cancellation of patta issued in the name of Bangaru Ammal and further direction issued to the Tahsildar, Manachanallur Taluk, Trichy District to carry out necessary changes in the village records.

2. It is the case of the petitioner that the property comprised in S.No.189/6C, in Sirugannor Village, Manachanallur Taluk, Trichy District measuring an extent of 1 acre 56 cents and another item of property comprised in S.No.467/1 in the same village measuring an extent of 1 acre 64 cents originally belonged to one Ramasamy Reddiar and Lakhsmana Reddiar. They are brothers. After the demise of Ramasamy Reddiar, the property stood in the name of Lakshmana Reddiar. Ramasamy Reddiar died leaving behind his wife Seetha Ammal and daughter Bangaru Ammal, as his legal heirs. Lakshmana Reddiar died leaving behind his wife Rukmani Ammal as his legal heir. According to the petitioner, Lakshmana Reddiar and Rukmani Ammal did not have any issues. But, it was claimed that they had a son by name Ranganathan, whose whereabouts were not known, for the last 30 years. Seetha Ammal, wife of Ramasamy Reddiar and Rukmani Ammal, wife of Lakshmana Reddiar are no more. In these circumstances, the said two items of property and other items of property belonging to the said family, devolved upon Bangaru Ammal. In the above circumstances, patta of the property comprised in S.No.189/6C and S.No.467/1 and other properties were transferred in the name of Bangaru Ammal, daughter of Ramasamy Reddiar. She executed a power of attorney in favour of one Anbu Selvan and Nallusamy and entered into a sale transaction with the petitioner. The property comprised in S.No.467/1 was purchased by the petitioner on 22.01.2007 and registered, as document No.245 of 2007 on the file of Sub Registrar, Chettikulam. After the sale transaction was over, the petitioner applied to the Tahsildar and got the mutations effected in his name. Since, the date of sale, the petitioner has been in possession and enjoyment of the property.

3. While that be so, after more than two years Mr. K.P.Natarajan, the 4th respondent herein has submitted an application dated 26.08.2008, to the District Collector, Tiruchirapalli claiming that the said lands belonged to him and sought for cancellation of mutation effected in favour of the petitioner. The application seeking cancellation of mutation has been forwarded to the Revenue Divisional Officer, Lalgudi, Trichy District. At this juncture, when the 4th respondent attempted to disturb the possession and enjoyment of the property by the petitioner, and therefore, he was constrained to prefer O.S.No.301 of 2008 on the file of learned District Munsif, Lalgudi, seeking for a relief of permanent injunction. The suit was filed in September, 2008. During the pendency of the above dispute between the parties, petitioner received a summons dated 08.11.2008, from the Revenue Divisional Officer, Lalgudi, Trichy District, the second respondent, calling upon for an enquiry on 17.11.2008. In response to the same, petitioner sent a reply stating that since civil Court has seized of the matter, the second respondent need not proceed with the enquiry. It is the case of the petitioner that without passing any orders on the said petition, to defer further proceedings, the Revenue Divisional Officer, Lalkudi, Trichy District, the second respondent, has passed an order dated 21.02.2009, allowing the appeal preferred by the 4th respondent. Thereafter, petitioner has filed a writ petition Nos.4321 and 4615 of 2009 before this Court. By order dated 11.06.2009, this Court directed the District Revenue Officer, Tiruchirapalli District, first respondent to number the appeal and pass orders. Ultima