IMPORTANT POINT
Patta granted by practising irregularity cannot be sustained.

The petitioners have approached this Court contending that they are residents of Magalingam Nagar Village, Elavoor, Thiruvallur District. The petitioner in W.P. No. 7968 of 2010 is having agricultural land to an extent of 1 acre 20 cents comprised in Survey No. 336/4B at Magalingam Nagar and the petitioner in W.P. No. 7969 of 2010 is having agricultural land to an extent of 1 acre 80 cents comprised in Survey No. 1276/1B at Magalingam Nagar. Adjacent to their properties, there are 11 acres 87 cents comprised in Survey Numbers as follows:-

S.No. Survey No. Extent

1. 1. 1281/1M 1 Acre 12 cents

2. 2. 1281/1S 1 Acre 02 cents

3. 3. 1281/1F 0 Acre 96 cents

4. 4. 1281/1G 0 Acre 98 cents

5. 5. 1281/1C 0 Acre 97 cents

6. 6. 1281/1H 0 Acre 97 cents

7. 7. 1281/1I 0 Acre 98 cents

8. 8. 1281/1J 0 Acre 96 cents

9. 9. 1281/1D 0 Acre 98 cents

10. 10. 1281/1E 1 Acre 00 cents

11. 11. 1281/1K 0 Acre 97 cents

12. 12. 1281/1L 0 Acre 96 cents

Total extent 11 Acres 87 cents

According to the petitioners, the said lands are being used for agricultural usage and as grazing lands and they are described as Anathinam poramboke Land and it is meant for common use of Villagers.

2. When things stand so, the newly impleaded respondents namely, respondents 4 to 7 prevented the villages from using the lands contending that they purchased the said lands. On verification it is found that prior to 1980, the said lands were described at “Anathinam poramboke” and during the period of issuance of UDR patta some malpractices were committed by third parties and UDR Patta in respect of the above 11 Acres 87 cents were issued in the name of third parties who did not have any right over the lands.

3. The petitioners further submit that the pattas were found to be transferred in respect of the above said property in the name of the newly impleaded respondents namely, respondents 4 to 7. Pointing out the illegality, a representation dated 17.09.2009 was given to the notice of the 2nd respondent, to cancel the UDR Patta after conducting necessary enquiry.

4. Mr. T.P. Sekar, learned counsel appearing for the petitioners submit that originally the lands were classified as “Anathinam poramboke” and in support of which the learned counsel relied upon the communication dated 25.03.2010 issued by the 3rd respondent/ the Tahsildar, that the lands comprised in Survey No. 1281 before issuance of UDR Patta was classified as Punja Anathinam and a copy of the Adangal was also filed by the petitioner.

5. Learned counsel further brought to the notice of this Court, the communication dated 24.11.2009 issued by the 3rd respondent states that in Survey No.1281-1M (Magalingam Nagar Village) Government Primary School is functioning right from 1976 onwards and when that is the position, the UDR Patta in respect of the above properties should not have been transferred in the name of the third parties.

6. Mr. P. Muthukumar, learned Government Advocate appearing for respondents 1 to 3, after perusing the communication dated 25.03.2010, submits that the 3rd respondent by communication stated that the lands comprised in Survey No.1281-1m situated at Magalingam Nagar, Elavoor Panchayat, was classified as Punja Anathinam before UDR classification.

7. Even though, notices were sent to respondents 4 to 7 and affidavit of service was filed and their names are printed in the cause list, no one appeared on the behalf of respondents 4 to 7. Therefore, this Court proceeds to decide the matter on merit as per the records available.

8. A perusal of the documents filed would go to show that the properties comprised in Survey Numbers to an extent of 11 Acres 87 cents were classified as “Punja Anathinam” before issuance of UDR Patta. While issuing UDR Patta, the properties were shown to be belonging to some third parties. There is every reason to believe that the UDR Pattas were issued by malpractice. Respondents 4 to 7 are said to be the subsequent purchasers on whose nam