ORDER

The petitioner has filed this writ petition to call for the records pertaining to Na.Ka.No.4852/2014/13 issued by the 2nd respondent dated 01.09.2022 and quash the same as contrary to law and consequently direct the 2nd respondent to consider the petitioner's claim for issuance of patta in the name of the petitioner pertaining to R.S.No.915/2 (Old Survey No.608) in pursuance to the judgment and decree dated 19.08.2020 in O.S.No.175 of

2012 passed by9 the District Munsif Court, Dharapuram.

2.Since, no adverse order is being passed as against the respondents 8 and 9, notice to respondents 8 and 9 is dispensed with.

3.The case of the petitioner is that the property in S.F.No.608 to an extent of 17.31 acres belongs to one Kumarasamy Gounder. After his demise, the said property devolved upon his two sons, namely, Subbiah Gounder and Ramasamy Gounder, who are his legal heirs. While so, the brothers entered into a Partition dated 17.12.1959, in which 8.65 ½ acres of land was allotted to Subbiah Gounder, father of 8th respondent herein, mentioned as “B” Schedule property and the Southern portion of the remaining 8.65 ½ acres of land was allotted to Ramasamy Gounder, mentioned as “A” Schedule property. On 18.12.1959, there was a partition between the said Ramasamy Gounder and his son K.R.Raju, in which the said Raju was allotted the Southern portion of the property in S.F.No.608 measuirng about 8.65 ½ Acres. After the said partition dated 18.12.1959, the petitioner purchased the land allotted to said Raju on 05.03.1981.

4.It is further averred by the petiitoner that the above said Subbiah Gounder donated 3 acres of land out of his share in the Northern portion in S.F.No.608 to Tamil Nadu Boomidhan Scheme on 19.12.1963 and the Deed was registered on 25.03.1965 and thus, out of 8.65 ½ acres of land allotted, he was in possession of 5.65 ½ acres of the land. While so, during the year 1988 – 1989 the property in S.F.No.608 was subdivided and the Northern side portion of the property was renumbered as R.S.F.No.914 and the Southern side portion of the property was renumbered as R.S.F.No.915. In order to divide the property donated to Boomidhan Board, the Revenue Authorities issued patta to Boomidhan Board in respect to the land in S.No.915/2 which is owned by the petitioner. Thereafter, the petitioner filed a suit for declaration of title for 8.65 ½ acres of the land on the Southern side of R.S.No.608 and for recovery of possession from the 8th respondent herein in O.S.No.375 of 1989 before the District Munsif Court, Dharapuram and the said Court vide Judgment and Decree dated 10.02.1995 upheld that the petitioner is in possession of the Southern portion of the above said land and the land donated to Boomidhan Board is in the Northern part of S.No.608 (R.S.No.914) which is in possession of the 8th respondent. Aggrieved over the said order, the 8th respondent preferred an appeal in A.S.No.26 of 1995 on the file of the Sub Court, Dharapuram and the Sub-Court vide its Judgment and Decree dated 08.08.1995 confirmed the decree in O.S.No.375 of 1989. Challenging the same, the 8th respondent preferred Second Appeal in S.A.No.1434 of 1995 before this Court and this Court vide its order dated 22.02.2008 confirmed the decree passed by the lower appellate Court. It is further averred by the petitioner that the petitioner filed another suit in O.S.No.175 of 2012 on the file of the District Munsi Court, Dharapuram, seeking declaration that the property donated to the Boomidhan Board is situated in S.No.914 and not in S.No.915/2 and the trial Court vide its judgment and decree dated 19.08.2022 allowed the same in favour of the petitioner. Thereafter, no appeal was filed by the Boomidhan Board and others who have party to the suit. Inspite of the said order, patta has not been mutated in favour of the petitioner. Hence, the present Writ Petition has been filed.

5.Learned counsel appearing for the petitioner submit that though patta has been issued in te