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This writ petition has been filed seeking to quash the order dated 26.08.2009 passed by the 2nd respondent viz., the Revenue Divisional Officer, Cheyyar, Tiruvannamalai District in proceedings No.Ref. NA.KA.A2.2123/2009 whereby, orders have been issued to delete the name of S.Viswanathan from patta No.445 and register the name of Sengunthar Samudhaya Nala Sangam, the 4th Respondent herein, in patta No.445 in respect of Survey No.181/1 in Keelkodungalur Village, Vandavasi Taluk, Tiruvannamalai District, of an extent of 3.65.0 Hectares and consequent to the said order, the third Respondent viz., the Tahsildar, Vandavasi, has carried out the changes in patta No.445 on 1.9.2009.

2. According to the petitioner, he is a Member and Representative of Keelkodungalur Sengunthar Samudhaya Marabinar (in short 'Samudhayam'), Keelkodungalur Village, Vandavasi Taluk, Tiruvannamalai District. Dry land measuring an extent of 9.02 Acres comprised in Survey No.181/1 of Keelkodungalur Village is being enjoyed by the petitioner Samudhayam for more than 100 years and the members of the Samudhayam are all along paying kist to the Revenue Department. The live fence trees growing in the said lands are being sold and the amount is being utilized for various social welfare activities like construction of a public well for drinking purpose, Marriage Community Hall etc. The 3rd Respondent/Tahsildar, Vandavasi, discreetly issued patta in respect of the said land in favour of the local temple during the implementation of the UDR Scheme and the Assistant Commissioner of Hindu Religious and Charitable Endowment, Vellore (hereinafter referred to as the 'HR & CE Department') auctioned the live fence trees in the said lands. Knowing the fact that the petitioner Samudhayam represented by S. Viswanathan filed a suit in O.S.No.749 of 1991 on the file of the Principal District Munsif Court, Arni against the Respondents 1 and 3 viz., the District Collector, Tiruvannamalai District and Tahsildar, Vandavasi Taluk and the Assistant Commissioner of HR & CE Department, Vellore for declaration that the auction of the live fence trees by the HR & CE Department is illegal and also for a mandatory injunction directing the respondents 1 and 3 to issue patta in favour of the petitioner Samudhayam and for permanent injunction restraining the HR & CE Department from interfering with the possession and enjoyment of the petitioner Samudhayam in the said lands. The said suit was decreed in favour of the petitioner Samudhayam on 25.11.1997.

3a. In the counter, it is further stated that the patta for the lands owned by Sengunthar Samudhaya Marabinar was transferred in the name of individual i.e. the petitioner S. Viswanathan. The Sengunthar Community people had formed Sengunthar Samudhaya Nala Sangam and presented an objection petition dated 23.03.2009 through their President M. Kandasamy regarding the above patta transfer. The Tahsildar, Vandavasi enquired into the issue and submitted a report in B5/3274 dated 03.04.2009 and he has recommended for cancellation of patta issued in the name of private individual viz., S. Viswanathan and to transfer the patta in the name of Sengunthar Samudhaya Nala Sangam. Based on the report of the Tahsildar, Vandavasi, a report was submitted by the Revenue Divisional Officer, Cheyyar to the Collector, Tiruvannamalai in A2.2123 of 2009 dated 06.07.2009. The Collector, Tiruvannamalai District in his letter M3.30777 of 2009 dated 22.08.2009 has issued instructions in this regard. Accordingly, an order was passed by the Revenue Divisional Officer, Cheyyar in proceedings A2.2123 of 2009 dated 26.08.2009, by which it has been ordered to tranfer patta which is in the name of the petitioner, S.Viswanathan to Sengunthar Samudhaya Nala Sangam, the 4th Respondent.

The writ petition is allowed on the above terms. No costs. Consequently, connected M.P.No.1 of 2009 is closed.

To :

1. The District Collector, Tiruvannamalai District, Tiruvannamalai  606 601.
2. The Revenue Divisional Officer, Cheyyar  604 407, Tiruvannamalai District.
3. The Tahsildar, Vandavasi Taluk, Vandavasi, Tiruvannamalai District