High Court of Judicature at Madras
K.N. BASHA
V.K. Subramaniam & Others
Versus
The District Revenue Officer, Tiruvallur & Others
W.P.No.39792 of 2005 & WPMP.Nos.42671 of 2005 & 2792 of 2007
Decided On: 06-09-2011
Land Acquisition - Patta - Land Acquisition Act, 1984 - S. 4(1), S. 6 - The court set aside the order remanding the matter for further enquiry regarding the dispute in respect of the question of title, confirmed the impugned order, directed restoration of the patta issued in favor of the first petitioner and his wife, set aside the order granting patta in favor of the fifth respondent, and directed anyone seeking the relief of cancellation of patta to approach the competent Civil Court to establish their title.
Fact of the Case:
The petitioners challenged the order passed by the first respondent and the second respondent with a prayer to quash the same. The first petitioner and his wife purchased an extent of 12 cents of vacant land and have been in continuous possession and enjoyment of the land. The fourth respondent filed a petition for cancellation of the patta granted in favor of the first petitioner and his wife. The second respondent allowed the appeal and cancelled the patta granted in favor of the first petitioner and his wife. The first respondent remanded the matter for further enquiry regarding the dispute in respect of the question of title.
Finding of the Court:
The court set aside the order remanding the matter for further enquiry regarding the dispute in respect of the question of title, confirmed the impugned order, directed restoration of the patta issued in favor of the first petitioner and his wife, set aside the order granting patta in favor of the fifth respondent, and directed anyone seeking the relief of cancellation of patta to approach the competent Civil Court to establish their title.
Issues: Dispute regarding the question of title, legality of the order granting patta in favor of the fifth respondent, and jurisdiction of the Revenue Authorities to decide the question of title.
Ratio Decidendi: The Revenue Authorities do not have jurisdiction to decide disputes regarding the title of the property, and such disputes should be adjudicated by a competent Civil Court. The order granting patta in favor of the fifth respondent was passed in a clandestine manner and is illegal.
Final Decision: The impugned order remanding the matter for further enquiry regarding the dispute in respect of the question of title was set aside, the patta issued in favor of the first petitioner and his wife was directed to be restored, the order granting patta in favor of the fifth respondent was set aside, and anyone seeking the relief of cancellation of patta was directed to approach the competent Civil Court to establish their title.
1. The petitioners have come forward with this petition challenging the order passed by the first respondent dated 30.05.2005 made in Na.Ka.25528/04/B3 along with the order of the second respondent dated 19.05.2004 made in Na.Ka.584/2004/A2 with a prayer to quash the same.
2. The factual matrix of this case is as follows:
2.1. The first petitioner purchased an extent of 12 cents of vacant land comprised in S.No.143 of No.61, Kotattur Village formerly Saidapet Taluk and Chengalpattu District from one Radha Naicker and his wife Mariammal under Sale Deed dated 02.05.1980 registered as Document No.1836/1980 at the Office of the Sub-Registrar, Ambattur. The wife of the first petitioner namely Smt.Jayalakshmi also purchased 11 cents of land from same Radha Naicker and his wife under Sale Deed dated 02.05.1980 registered as Document No.1837/1980. They have been in continuous possession and enjoyment of the above said total 23 cents of land ever since from the date of purchase.
2.2. The Deputy Tahsildhar, Saidapet originally granted patta No.2714 in favour of the wife of the first petitioner on 26.11.1987 for the portion purchased by her and the said portion was subdivided and S.No.143/1B had been assigned for the same. Likewise, the Deputy Tahsildhar, Saidapet granted patta No.2713 in favour of the first petitioner for the extent of 12 cents purchased by the first petitioner and the said land had been subdivided and a separate S.No.143/1C had been assigned. Subsequently, after re-survey in 1994, the Deputy Tahsildhar, Ambattur granted fresh patta bearing Nos.4790 and 4791 on 24.08.1994 in favour of the first petitioner's wife and himself respectively with modification of S.Nos. as 143/2C and 143/2E respectively.
2.3. The wife of the first petitioner died on 5.10.2000 leaving behind the first petitioner and the petitioners 2 and 3 as her legal heirs and all the three succeeded to the extent of 11 cents belonging to the wife of the first petitioner. Therefore, the entire extent of 23 cents mentioned above belonged to the petitioners family. The Special Tahsildhar, Ambattur had granted fresh patta after Town Survey and assigned T.S.No.25 for the entire extent of 23 cents purchased by the first petitioner and his wife as per the Town Survey Land Register. Therefore, the petitioners are the absolute owners of the entire extent of 23 cents comprised formerly in S.No.143/2C and 143/2E and now in T.S.No.25 of Korattur Village.
2.4. An extent of 2.09 acres comprised in S.No.143 of Korattur Village, originally belonged to Seeyala Naicker, Damodara Naicker and Singara Naicker sons of Egappa Naicker and they have purchased the same from one Govindasamy Naicker under Sale Deed dated 16.06.1926 registered as Document No.776/1926 at the Office of the Sub-Registrar, Sembium. The said Seeyala Naicker had three sons namely Rajabather Naicker @ Kannan, Rajabather @ Jayaraman and Radha Naicker while Sri Damodara Naicker had two sons namely, Kannappa Naicker and Gangadhara Naicker. Singara Naicker had only daughter by name Smt.Muniammal (fourth respondent). On 29.04.1976, there was family arrangement among the legal heirs of Seeyala Naicker, Damodara Naicker and Singara Naicker. However, the said family arrangement was not acted upon and never given effect to. However, on the basis of rearrangement among the co-owners in which Smt.Muniammal (fourth respondent), the sole heir of the Singara Naicker got her portion in the north of the said property and that she sold her entire share of land comprised in S.No.143 on 26.11.1979. It is, therefore, apparent that the fourth respondent had sold her entire land on 26.11.1979 itself and that she ceased to have any interest in the land comprised in S.No.143 long before the first petitioner and his wife purchased their lands from one of the other partners, namely, Radha Naicker.
2.5. An extent of 1.08 acres out of the total extent of 2.09 acres mentioned above had been acquired on the western side for the
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