2015 Supreme(Mad) 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. DHANAPALAN & G. CHOCKALINGAM, JJ,
Koya Moideen & Others – Appellant
Versus
District Forest Officer & Another – Respondent
S.T.A.Nos. 2 to 11, 14 & 15 of 2009, 1 to 6 of 2011, 3 of 2006, 4 of 2000, 7 of 2007, 2 of 2004, 21 & 23 of 2003, 2 & 3 of 2012 & 1 & 2 of 2008
Decided On : 28-05-2015

Headnote:

Tamil Nadu Gudalur Janmam Estates (Abolition and Conversion into Ryotwari Patta) Act, 1969 – Sections 53, 12 – Ryotwari patta – Special Tribunal Appeals (for short, STAs) arise out of the judgment and decree of the first appellate Court (Tribunal), in confirming or setting aside the order of the Assistant Settlement Officer, who granted or rejected the Ryotwari patta in favour of the appellants/individuals/Companies, who have filed these STAs. One STA in S.T.A.No.21 of 2003 is filed by the Government challenging the grant of Ryotwari patta. – Held, if court look into the case on hand, it is seen that admittedly, at all times, some of the land(s) in question always vested with the Government (State) and some vested in the individuals, some of whom are appellants herein, but the appellants/individuals/Companies have not established their ownership by title before the original authority-Settlement Tahsildar, without giving any room for doubt and hence, they have lost their case before the first appellate Court (Tribunal), which on the basis of the documents available on record, rightly appreciated the facts and applied the law and dismissed the appeals filed by the individuals/appellants herein, with which, court find no ground made out to interfere. – It is pertinent to note that due inspection and enquiry was conducted by the original authority (Settlement Officer) before vesting the land(s) to the individuals. – It is seen that the State Government is duly represented by the Settlement Officer concerned in these cases. – The Government is the claimant for the Ryotwari patta under the provisions of the said Tamil Nadu Act 24 of 1969. It is proved by the evidence on record that the land(s) in question are classified as "forest lands" in some cases and they vest with the Government. It is seen that the predecessors of the appellants/individuals attempted to grab the land(s) during the crucial period. – The appellants/individuals did not prove that their parents/predecessors were in actual possession of the land(s) during the relevant period, as the disputed land(s) were declared as "Reserve Forest" as per the Government Order and that by passing of the said Tamil Nadu Act 24 of 1969, the Government took the entire Janman Estate land(s), which included the disputed land(s). – Since the parents/predecessors of the appellants/claimants did not apply for pattas as per Rule 8 of the Rules, i.e. the Gudalur Janman Estates (Abolition and Conversion into Ryotwari) Rules, 1974, which were framed under the said Act, within stipulated period, as rightly concluded by the first appellate Court (Tribunal), the claim of the appellants/individuals/Companies/claimants, is clearly barred by limitation, coupled with the fact that the document(s) have not been proved by them in accordance with law beyond reasonable doubt. – Irresistible conclusion is that the appellants/individuals/Companies are not entitled to the relief sought for in these STAs. – Accordingly, these STAs. are liable to be dismissed, confirming the rejection of pattas. – However, as the Government has proved its case by preponderance of all probabilities by filing S.T.A.No.21 of 2003 against the confirmation of patta by the Tribunal in favour of the company, in our considered opinion, the same has to be allowed. – STAs Dismissed