The patta passbook serves as prima facie evidence of title, and its removal must be substantiated by clear legal grounds.

ORDER

This Writ Petition is filed challenging the proceedings of the 1st respondent/District Revenue Officer, dated 15.10.2018 confirming the order passed by the 2nd respondent/ Revenue Divisional Officer, Coimbatore directing the Tahsildar, Coimbatore South to delete the name of petitioner in Patta No.434, Uppilipalayam Village, Coimbatore South and for consequential relief praying to forbear the revenue authorities from changing the entries with respect to petitioner's land in S.F.No.179, 208/1C, 209 part Uppilipalayam, measuring about 1 acre and 5 cents.

2. It is averred in the writ petition as follows;

(I) the petitioner purchased the property measuring about 1 acre 5 cents and 179 sq.ft. in SF.No.179, 208/1C, 209 part Uppilipalayam Village by a registered Sale Deed dated 16.07.2003 from one Elango Rama Ranganathan. After purchase of said land, the Revenue records were mutated in petitioner's name and till date, the petitioner has been paying taxes.

(II) Originally, the 5th respondent/ Society (hereinafter referred to as Society) by forming Layout in SurveyNo.155, 170, 171, 178 and 179 (petitioner's survey number) in Uppilipalayam Village, Ramanathapuram, Coimbatore District and developed the property for the purpose of converting the same into house sites. It has also obtained planning permission vide LPA (CP) No.227/1987 for development of house plots, road, park, playground. By a Gift Deed dated 9.10.1987 it gifted the property measuring 6 acres 26 cents earmarked for playground, park and children play areA in favour of 3rd respondent/Assistant Commissioner, Coimbatore Corporation. The society had retained the land measuring about 1 acre 5 cents allotted for community hall and the same was in possession of Society.

(III) For the benefit of public and society members, the society, in order to lay approach road access from their layout to Trichy Main Road approached the adjacent land owners of their property viz., Mr.Parthiban @ Kondasamy and Elanga Rama Ranganathan (6th respondent) proposing for exchange of their land with the Society's community land measuring 1 acre and 5 cents. Accepting the said proposal, an Exchange Deed dated 30.11.1989 was executed between the Society and the abovesaid individuals. The draft Gift Deed was also sent by the 3rd respondent and the same was also accepted by the 5th respondent by order dated 2.4.1996 in Na.Ka.No.34311/1996/H4. The 3rd respondent, after perusing the Exchange Deed granted permission to 5th respondent for forming the Road. Thereafter the Society by a Gift Deed dated 16.04.1997 gifted 1.28 acres of lands for the formation of 40 feet width and 1381 feet length road. The District Collector, Coimbatore, by his order vide Pa.Mu.No.A1/99230/91, dated

20.10.1992 granted permission for forming the said road and for forming a small bridge in the said road. In respect of community hall, the land owner has the liberty to deal with the same. The community hall as per the circulars is not the one to be compulsorily gifted to the local authorities. After passing of so much time, it is not open to the authorities to cancel the patta.

(IV) Whileso, the 3rd respondent/Assistant Commissioner, Coimbatore corporation East Zone, Coimbatore, in order to create hindrance to petitioner's possession, filed a complaint before the 2nd respondent stating that the 5th respondent Society has no right to sell the property to the private parties and sought to cancel the patta existing in petitioner's name. The 2nd respondent/Revenue Divisional Officer, vide his proceedings dated 13.01.2016 in Ni.Mu.No.9089/14/B2 without considering the contention of the petitioner, allowed the claim of the 3rd respondent and removed his name in the patta.

(V) Against such removal, an appeal was filed by the petitioner before the 1st respondent under section 12 of Patta Passbook Act, 1983 impleading the Society as necessary party. In the appeal, the petitioner's contention that the property was only exchanged between the par