IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.07.2021

CORAM:

THE HON'BLE MR. JUSTICE R.SURESH KUMAR

W.P.No.30399 of 2015

S.Govindarajan

... Petitioner

Vs.

Tahsildar,

Attur Taluk,

Attur - 636 102,

Salem District.

... Respondent

Prayer: Petition filed under Article 226 of Constitution of

India praying for issuance of a Writ of Certiorarified Mandamus

to call for the records in respect of proceedings of the

Respondent Na.Ka.3496/2009 A.5 dated 28.07.2014 and quash the

same with a consequential direction to the Respondent herein to

make an entry in the Revenue Registry in respect of the lands

belonging to the petitioner to the extent of 6.03 acres in

S.No.67, Thulukanur Village, Attur Taluk, Salem District, as

Patta lands as per the Judgment and Decree passed in O.S.No.148

of 1986 dated 25.02.1987 by the District Munsif Court, Attur,

which was confirmed by this Court on 04.01.2001 in S.A.No.724 of

1989.

For Petitioner

:

Mr.T.R.Rajagopalan

Senior Counsel

For Mr.C.V.Vijayakumar

For Respondents

:

Mr.Richardson Wilson

Government Counsel

ORDER

The prayer sought for herein is for a writ of certiorarified

mandamus to call for the records in respect of proceedings of

the Respondent Na.Ka.3496/2009 A.5 dated 28.07.2014 and quash

the same with a consequential direction to the respondent herein

to make an entry in the Revenue Registry in respect of the lands

belonging to the petitioner to the extent of 6.03 acres in

S.No.67, Thulukanur Village, Attur Taluk, Salem District, as

Patta lands as per the Judgment and Decree passed in O.S.No.148

of 1986 dated 25.02.1987 by the District Munsif Court, Attur,

https://hcservices.ecourts.gov.in/hcservices/

which was confirmed by this Court on 04.01.2001 in S.A.No.724 of

1989.

2. It is the case of the petitioner that, he is the owner of

the agricultural land to the extent of 6.03 acres in S.No.67,

Thulukanur Village, Attur Taluk, Salem District, which according

to the petitioner are patta lands.

3. According to the petitioner, the property in question was

originally belongs to one Ramu Pillai, who converted 2/3^rd of the

lands into a private kuttai (Tank) to store rain water for the

purpose of irrigating other lands. This conversion of

agricultural lands into a private kuttai was recognised as early

as in the year 1903 by the then District Collector, Salem

District and orders were passed for waiver of payment of kist,

since the lands were no longer used for cultivation. However, by

passage of time, the kuttai dried up and these lands were again

used for agricultural operations.

4. While so, the petitioner had purchased the above lands by

way of registered sale deed dated 05.02.1968 from one Anantha

Padmanabhan, son of Ramu Pillai. Pursuant to which, when the

petitioner approached for mutuation in the land revenue records,

the same seems to have been refused for the reason that the said

land has been classified as 'poramboke lands' in the revenue

records.

5. Only at this juncture, the petitioner filed civil suit in

O.S.No.148 of 1986 before the Munsif Court, Attur against the

Government of Tamil Nadu represented by the District Collector,

Salem, Revenue Divisional Officer, Attur and the Tahsildar,

Attur, where the Civil Court, after contest, passed a judgment

and decree dated 25.02.1987 to and in favour of the petitioner,

who was the plaintiff in the said suit.

6. Subsequently, as against the said judgment and decree of

the trial Court, the respondents preferred first appeal in

A.S.No.66 of 1989 before the II Additional District Judge,

Salem, who passed a judgment and decree on 28.02.1989 reversing

the judgment of the trial Court.

7. Felt aggrieved over the said order passed by the first

Appellate Court, the petitioner preferred second appeal in

S.A.No.724 of 1989 before this Court and the said second appeal,

after having elaborate discussion, was al