The disputed questions of title of immovable property cannot be decided by revenue courts and require evidence to be presented before a civil court for resolution.

JUDGMENT :

M. DHANDAPANI, J.

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records of the first respondent herein in D. Dis. No. K4/14850/06 and quash the order therein dated 15.03.2007.

1. The petitioner has filed this petition seeking issuance of Writ of Certiorari to call for the records of the first respondent herein in D. Dis. No. K4/14850/06 and quash the order therein dated 15.03.2007.

2. The sum and substance of the petitioners’ case is as follows:

The petitioners herein are represented by their Power of Attorney Agent P.K.O. Habeeb. The case of the petitioners is that 1.5 acres of dry land situated in R.S. No. 170/1B located at No. 140, Thiruvanmiyur Village, Saidapet Taluk, Chenglepet District was enjoyed by the petitioners herein for a long time as their own property. The total extent of old S. No. 170/1 of Thiruvanmiyur Village was 4 acres and 26 cents. During 1976-77, there was a sub-division effected to S. No. 170/1 and the same was sub-divided as S. No. 170/1A and S. No. 170/1B. Survey No. 170/1A measuring an extent of 2 acres and 76 cents belongs to third respondent herein. Survey No. 170/1B measuring an extent of 1 acre and 50 cents belonging to the petitioners herein. Patta for the said property was also conferred by Revenue authorities in favour of the petitioners herein as early as in the year 1978 itself vide Patta No. 176 and stand in their names. In the year 2006, the petitioner executed a Sale-Deed in favour of one Jalaludeen to an extent of 3025 sq. ft. Like wise, certain other persons have also purchased some portions of land. In order to prevent the trespassers from encroaching the petitioners’ patta land, the petitioners and the other joint owners have erected a pucca compound wall to the height of 7 feet for the entire extent of 1.50 acres.

3. In the year 1997, at the instigation of the third respondent, the District Collector, Chennai, along with Police Official and also the Chennai Corporation Authorities came to the above said property and tried to demolish the compound wall. However, some portion of the compound wall was demolished. As against the said Act, one of the purchaser namely Jalaludeen, filed W.P. No. 9989 of 1997, before this Court seeking for Mandamus, forbearing the Collector of Chennai, the Tahsildar, Mylapore from interfering with the peaceful possession and enjoyment of the property situated in Old S. No. 170/1B. Subsequently, the Tahsildar, Mylapore Triplicane Taluk, Chennai has issued a certificate dated 30.10.1998 identifying that an extent of 1.29.82.5 hectares in T.S. No. 285 (corresponding to S. No. 170/1A) belonging to the third respondent, who are in occupation of the land in T.S. No. 295 (corresponding to S. No. 170/1B).

4. The above said writ petition was disposed of by observing that the disputed land is not a poromboku land. The members of the said association are deemed to have been the owners of the said land. The character of the land has been decided in the earlier W.P. No. 14288 of 1992, if there is any further dispute with regard to the title over the property is in existence between the petitioner herein and the Kalakshethra Foundation, it is open to the parties to approach the Civil court to establish their title. The said order has become final and hence, both the petitioners and the third respondent are bound by the said order.

5. Subsequently, in order to find the identification of the property, a writ petition was filed in W.P. No. 15342 of 1999, before this Court and the third respondent has also filed W.P. Nos. 8161 & 8162 of 2002, seeking for a direction to remove the encroachments. However, no order was passed in favour of the petitioners, against which the third respondent has preferred an appeal in W.A. No. 1676 of 2002 before Division Bench of this Court. Though, the said Jalaludeen,