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2015 Supreme(Mad) 2633
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S.KARNAN, J.
T.Rajam @ Kaveri Kutty, Rep. by her General Power of Attorney Agent, Mr.A.Radhakrishnan, - Petitioner
Vs.
The Government of Tamil Nadu, Rep. by its Secretary, Revenue Department, Secretariat, Chennai – Respondent
W.P.No.7965 of 2015 & M.P.Nos.1 and 2 of 2015
Decided On : 10.08.2015
Advocate Appeared:
For Petitioner: Mr. Doraisami, Senior Counsel For Mr. Muthumani Doraisami
For Respondents: Mr. P.Sanjay Gandhi Additional Government Pleader
For Mr. M.S.Ramesh Additional Government Pleader for R1 to R6
Mr. V.K.Vijayaraghavan for R7 to R9
Mr. N.Anand Venkatesh for R10 to R13
Headnote:
Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 – Settlement Proceedings – Petitioner submits that she is the owner of the land bearing Survey No.164/1 situated in Thazhambur Village, Kelambakkam Firca, to an extent of 5 acres – The said land was part of a large extent of 600 acres purchased by one Sri. Perumalsamy Reddy in a Court auction sale held in the year 1929. – These lands came to be vested with the Government under Act 26 of 1948 – The petitioner further submits that during the Settlement Proceedings there were no claimants as a result of which, Settlement Officer classified these lands as Anadheenam land. – Even after many years, there were no claims over the said lands. – An extent of about 150 acres were classified as assessed dry waste and assigned to 36 political sufferers by the Tahsildar, Chengalpattu, the sixth respondent herein. – One such plot measuring an extent of 5 acres in Survey No.164/1 in Thazhambur Village, Chengalpattu Taluk was assigned in favour of one B.S.Radhakrishnan. – Held, Highly competent counsel appearing for the respondents 7 to 9 further submits that the assignment of lands allotted to freedom fighters was with certain conditions. – After assignment order, the assignee were not in possession of the lands. – The highly competent counsel further submits that the settlement patta has been given to the seventh respondent herein on 25.09.1998. – Further, the respondents are in possession and enjoying the same. – Further, the Secretary to Government has passed a G.O.Ms.No.794, dated 07.12.2006 and confirmed the pattas issued in favour of the seventh respondent and four others. – As such, the patta proceedings have become final. – The seventh respondent and his family members sold the lands to and in favour of respondents 10 to 13, who were also granted patta by revenue authorities. – As such, the petitioner has no legal right over the said property. – Further, the chitta and adangal records disclose that the seventh respondent has remitted land tax to the statutory authorities. – Hence, the highly competent counsel entreats the Court to dismiss the above writ petition. – Order of assignment had been issued by the Tahsildar, Chengalpattu with some conditions imposed on the assignee, viz., Mr.B.S.Radhakrishnan and the land to an extent of 5 acres classified as dry land comprised in Survey No.164/1 was assigned as the assignee was a political sufferer / freedom fighter. – From the said conditions, the original assignee had violated a condition by executing a sale deed dated 24.01.1974 to and in favour of the writ petitioner herein. As per the specific condition, the assignee should not alienate the land within a period of 10 years i.e., from the date of assignment. – In the instant case, the original assignee violated the said condition. – Hence, the cancellation order passed by the Sub Collector, Chengalpattu, dated 09.05.1981 is valid. – Writ Petition Dismissed
The short facts of the case are as follows:- The petitioner submits that she is the owner of the land bearing Survey No.164/1 situated in Thazhambur Village, Kelambakkam Firca, to an extent of 5 acres. The said land was part of a large extent of 600 acres purchased by one Sri. Perumalsamy Reddy in a Court auction sale held in the year 1929. These lands came to be vested with the Government under Act 26 of 1948 hereinafter referred to as "the said Act". The petitioner further submits that during the Settlement Proceedings there were no claimants as a result of which, Settlement Officer classified these lands as Anadheenam land. Even after many years, there were no claims over the said lands. An extent of about 150 acres were classified as assessed dry waste and assigned to 36 political sufferers by the Tahsildar, Chengalpattu, the sixth respondent herein. One such plot measuring an extent of 5 acres in Survey No.164/1 in Thazhambur Village, Chengalpattu Taluk was assigned in favour of one B.S.Radhakrishnan.
2. The petitioner further submits that the said B.S.Radhakrishnan was a political sufferer and the Government assigned the said land through the Proceedings of the Tahsildar dated 07.06.1966 and after the assignment, the said Radhakrishnan obtained patta in patta No.341 as per the provisions of the Patta Pass Book Act. The said B.S.Radhakrishnan by a Deed dated 24.01.1974 sold the said land to the petitioner herein through Document No.74 of 1974 registered on the file of Sub-Registrar, Tiruporur. From the date of purchase, the petitioner herein has been in continuous possession and enjoyment of the land and no one else has got any right over the same. The petitioner further submits that the second respondent herein has claimed patta to the lands which were taken over by the Government under the said Act. According to him, there was oral partition between the brothers of Perumalsamy Reddy and after the death of his father, he had applied for grant of patta in respect of the share of his father outside the scope of the said Act as per the guidelines contained in G.O.Ms.No.1300, Revenue Department, dated 30.04.1971. The claim made by the seventh respondent and other family members was initially rejected and they have filed writ petitions before this Court in W.P.Nos.6165, 6125 and 7346 of 2000 and this Court, by an order dated 13.05.2003, has passed the following order:-
"Pursuant thereto the Government passed a G.O.Ms.No.794, dated 07.12.2006 holding that the seventh respondent and other family members could be granted patta subject to ceiling of 15 standard acres to the lands in Thazhambur Village excluding lands where pattas have been granted and lands assigned in favour of political sufferers. It seems that the fourth respondent while passing consequential order based on the order passed by the High Court and Government had wrongly passed an order directing the issuance of patta to land in Survey No.164/1 which was already excluded by the order of this Court and Government. The fourth respondent by an order dated 23.10.2008 in R.C.No.A1/1463/2008 passed the consequential order granting patta to the seventh respondent which included land in Survey No.164/1 which was already assigned to the said Radhakrishnan."
The petitioner further submits that the fourth respondent has not conducted any enquiry before passing the order and it is only a consequential order to the Government Order and as such, the fourth respondent cannot deviate from the Government Order and also orders of this Court. So far, no notice is given to him and it seems that the seventh respondent has sold the property to the respondents 8 to 13 after obtaining patta from the sixth respondent- Tahsildar. The petitioner further submits that the petitioner was not aware of any proceedings initiated by the seventh respondent herein for the grant of patta and no notice was given to the petitioner by the Official respondents. In any event, it is very clear that t
