O R D E R

This writ petition has been filed challenging the order of the first respondent dated 25.04.2011, in and by which, the first respondent has cancelled the order passed by the third respondent, Assistant Settlement Officer granting Patta measuring an extent of 13.30 cents under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (hereinafter referred to as 'Act 30/1963') in respect of S.No.281/3 to the petitioners.

2. The brief facts culled out from the above writ petition is as follows:

(i) The petitioners' predecessor-in-title are the owners of 14 cents out of 20 cents of land in S.No.281/3 of Vishnu Kanchee village at Kanchipuram District. The title is traceable from the year 1915. According to the petitioners, the land in Town S.Nos.235/10, 11, 12 and 13 measuring an extent of 36 cents in Kanchipuram Town belongs to the petitioners and the land in question in S.No.281/3 measuring an extent of 14 cents adjoining the said land was purchased by the petitioners to make the entire land in one block.

(ii) The petitioners have got a rice mill under valid licence and running the same for the past so many years including the drying yard and open space which are all available in the land measuring an extent of 50 Cents.

(iii) Originally the property in question was purchased by one Sheshadri and Munusamy Naidu in the year 1915 and thereafter the said Munusamy Naidu purchased the share of Sheshadri under registered Sale Deed dated 17.11.1919, in document No.6070 of 1919 on the file of the Sub Registrar, Kanchipuram.

(iv) During the period between 1915 and 1935 the said Munusamy Naidu has plotted out the said lands and sold it to various persons. What was left at the hands of the said Munusamy Naidu is 42 cents in T.S.No.235/1 and 20 cents in S.No.281/3 of Vishnu Kanchee village, which is the subject matter of the present writ petition.

(v) Thereafter, the property devolved in favour of Govindammal, wife of Munusamy Naidu under a will dated 20.12.1935. The said Govindamma sold the property in favour of one Shanmugam under a registered Sale Deed dated 04.09.1965.

(vi) Thereafter, the said Shanmugam sold 4.5 cents each to Annamalai Mudaliar and Subathirai Ammal under two sale deeds on 06.10.1965 and 06.09.1965 respectively. Thereafter, the second petitioner under a registered Sale Deed dated 12.09.1970, purchased from Annamalai Mudaliar an extent of 12 cents in T.S.No.235/1 and 4.55 cents in S.No.281/3 of Vishnu Kanchee village. By another registered Sale Deed dated 15.11.1973, the second petitioner purchased from Subathirai Ammal an extent of 12 cents in T.S.No.235/1 and 4.55 cents in S.No.281/3.

(vii) Further, the petitioners by a registered Deed of Exchange dated

22.02.1971 obtained 12 cents in T.S.No.235/1 and 4.2 cents in S.No.281/3 of Vishnu Kanchee village. By another Deed of Sale dated 14.4.1971, the first petitioner Mr.K.Krishnan purchased a part of the exchanged property of S.No.235/1 and 4.2 cents in S.No.281/3 from Shanmugam also. Accordingly, the petitioners have become the owner of 13.3 cents in S.No.281/3 of Vishnu Kanchee village.

(viii) The said village was originally an Inam village covered under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari Act) 1963 (Act 30/1963), while making the survey, under proceedings in S.L.R.P.D/A W/O 10 in S.R.2346/67 M.M.I.A./Act/KPM dated 10.08.1967, the lands in S.No.281/3 measuring an extent of 20 acres owned and in possession of the petitioners were wrongly included with S.No.281/2 which is classified as River Vegavathi in the revenue records.

(ix) As a matter of fact, the lands in S.No.281/3 being punja lands and registered under valid patta. Thereupon on the representation of the pattadhars and others, the said error was rectified and declared as punja lands in the survey re-settlement paisalathipathi register of 62 of Vishnu Kanchee village.

(x) However, without notice to anyone in the year 1973, by an errata slip, the Assistant Settlement Of