IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 09.07.2025 Pronounced on:18.07.2025 Coram:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Appeal Suit No.185 of 2022 & C.M.P.No.6967 of 2022

1. Sellamuthu (Died)

S/o.Palanimuthu, No.5/183, North East Street, Pasumbalur Village and Post, Vepplanthattai Taluk, Perambalur District.

Angamuthu (died) 2. Ramachandran S/o.Angamuthu, No.5/185, North West Street, Veppanthattai, Pasumbalur (South), Perambalur.

3. Poongavanam, W/o.Chellathurai, No.57/2, A.K.Nagar, Venbavoor, Venbavur Veppanthattai, Vembavur, Perambalur District.

4. Selvi (Died) W/o.Boopathi, No.4/224, Kila Street, Palaiya Maravanatham, V.Kalathur, Perambalur.

5. Kalaiyarasi W/o.Manikandan, No.5/99, North East, Pasumbalur, Veppamthattai Taluk, Pasumbalur (North), Perambalur.

6. Navamani, W/o.late Sellamuthu

7. Palanivel S/o.late Sellamuthu, No.5/183, North East St, Pasumbalur, Veppamthattai Taluk, Pasumbalur (North), Perambalur District.

8. Mahendran, S/o.late Sellamuthu, No.5/183, North East Street, Pasumbalur, Veppamthattai Taluk, Pasumbalur (North), Perambalur District.

9. Vijayakandipan, S/o.late Sellamuthu, No.5/183, North East St, Pasumbalur, Veppamthattai Tk, Pasumbalur (North) Perambalur Dist.

(A1 Died. A6 to A9 are brought on record as LR'S of the deceased A1 vide Court order dated

11.06.2025 made in C.M.P.Nos.11939,11943,11949/2025 in A.S.No.185/2022 (GJJ))

10. S.Ananthi W/o. Siva, No.5/168, North Street, Pasumbalur (North), Perambalur. ... Appellant (A4 Died. A10 is brought on record as LRS of the deceased A4 vide court order dated 1.7.2025 made in C.M.P.No.14833/2025 in A.S.No.185/2022 (GJJ))

/versus/

1. State of Tamil Nadu Rep. by its District Collector, Perambalur District.

2. Tahsildar Taluk Office, Veppanthattai.

3. The Village Administrative Officer Pasumbalur Village and Post, Veppanthattai Taluk, Perambalur District. ... Respondents Prayer:- Appeal Suit has been filed under Order 41 Rule 1 read with Section 96 of the Code of Civil Procedure, against the judgment and decree of the Principal District Court at Perambalur, dated 15.07.2021 in O.S.No.13 of 2020.

For Appellant : Mr.P.Valliappan, Senior Counsel, for M/s.PV Law Associates.

For Respondents : Mr.R.Siddharth, Additional Government Pleader, for R1 & R2 : No appearance, for R3

J U D G M E N T

The appeal is directed against the dismissal of the Suit for declaration of title and permanent injunction.

2. The appellants herein are sons of Palanimuthu. They claim title over the suit property on the basis of long possession of the suit property, which is classified as Government Porambokku.

3. Their claim is primarily based on the penal tax receipts (B Memo) paid by their father and by the plaintiffs 1 and 2 for the continuous occupation of the land by encroachment and also the earlier litigations between them and one Veeramuthu, S/o Muthusamy in O.S.No.673 of 1996 before the District Munsif Court, Perambalur. The said suit for declaration of title and permanent injunction though has been allowed by the Trial Court against the first plaintiff, on appeal in A.S.No.7 of 2005 on the file of Sub-Court, Ariyalur, the Trial Court decree was set aside. The appellate Court has held that only the plaintiffs’ family is in long possession and peaceful enjoyment of the property ever since 1976. The second Appeal filed by the legal heirs of Veeramuthu before the High Court in S.A.No.857 of 2018 dismissed on 24.01.2019 confirming the judgment of the first Appellate Court.

4. While the fact being so, Veeramuthu suppressing the fact that the Trial Court decree dated 17.04.2004, later reversed, on appeal, had obtained patta for the suit property in his name vide proceedings of RDO dated 27.08.2013. As against the said proceedings, the first plaintiff preferred appeal and after enquiry, the patta wrongly issued to Veeramuthu, S/o Muthusamy, was cancelled on 30.09.2015. Thereafter, without right or title, the said Veeramuthu had created two sale deeds dated 18.04.2017 through his power agent Abdul