JUDGMENT

(Common Prayer: Writ Appeals filed under Clause 15 of the Letters Patent against the order dated 03.12.2009 in W.P.No.68/2005.)

Common Judgment:

D. Krishnakumar, J.

1. The respondents 1 & 2 in W.P.No.68 of 2005 are the appellants in W.A.No.1816 of 2011. The 3rd respondent in W.P.No.68 of 2005 is the appellant in W.A.No.762 of 2011. They aggrieved by the allowing of the aforesaid writ petition, in and by which the order of the second appellant dated 20.12.2004 was set aside, restoring the order of the first appellant dated 27.05.1998 granting ryotwari patta in favour of the writ petitioner / first respondent in W.A.No.1816 of 2011, had filed these writ appeals.

2. Facts leading to the filing of these writ appeals are as under. For the sake of brevity, the array of parties in W.A.No.1816 of 2011 is adopted.

2.1. The first respondent / petitioner's mother, one Pavayee Ammal, purchased an extent of 7.33 acres of land out of a total extent of 8.87 acres of land in Singalanthapuram Village in Rasipuram Taluk under Sale Deed dated 11.06.1995. The lands in question were sold by the legal heirs of one Palani Naickken. Ever since the purchase, the lands were cultivated continuously by raising punja crops. When the village had been taken over by the Government under the provisions of the Tamil Nadu Estate (Abolition and Conversion) Act, 1948 [Act No.26 of 1948] [ hereinafter referred as "Act, 1948"], an extent of 6.40 acres in S.No.11 was classified as "Kuttai Poromboke" under the settlement proceedings introduced in the year 1950.

2.2. During the settlement proceedings, admittedly the petitioner's mother did not obtain patta for an extent of 02.84 cents in S.No.11, resultant being, in the settlement proceedings, the said area was marked as Tank Poromboke. The petitioner applied for grant of patta before the first respondent during 1998 and sought for re-classification of entries made in the Revenue Register and produced necessary documents of title before the District Revenue Officer / first appellant. By proceedings dated 27.05.1998 in Ref.Ni.Mu.17979/1998/L-2 the District Revenue Officer, Namakkal granted patta to the petitioner for the lands comprised in S.No.11/2 & 11./3 admeasuring 0.25.0 Hectares and 0.90.0 Hectares respectively.

2.3. According to the petitioner / first respondent, the lands for which patta was granted by the first respondent was not "Tank Poromboke" at any point of time. In pursuant to the order passed by the first respondent, the Tahsildar, Rasipuram has granted patta bearing No.1291 to the petitioner.

2.4. While that being so, the second appellant has initiated suo motu proceedings by issuing a Show Cause Notice dated 09.09.2004 calling upon the writ petitioner to submit his objections, if any, on the ground that the patta granted by the first appellant was unsustainable, as the time limit prescribed for seeking patta under Act, 1948 was over and that the claim for patta was made only in the year 1998 and therefore, observed that the claim of the writ petitioner was time barred.

2.5. After receipt of show cause notice, the petitioner/first respondent submitted detailed objection to the second appellant. Some villagers, who are styled themselves as Ayacutdhars of Echangadu Kuttai and agriculturalists of Singalanthapuram village / second respondent herein, were also heard by the second appellant and ultimately has passed an order dated 20.12.2004, in and by which the patta was granted in favour of the first respondent was set aside. Challenging the order of the second appellant, the first respondent has filed the writ petition.

2.6. The Writ Court, taking into consideration the rival submissions, documentary evidences, has allowed the writ petition, vide order dated 03.12.2009, setting aside the order of the second appellant and