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2020 Supreme(Mad) 2176

IN THE HIGH COURT OF MADRAS
N. Anand Venkatesh, J.
J. Jayaniithaa and Ors. – Appellants
Versus
Inspector General of Registration and Ors. – Respondents
W.P. Nos. 18721, 18725, 18730 of 2020, WMP Nos. 23251, 23249, 23254, 23255 and 23262 to 23264 of 2020
Decided On : 15-12-2020

Advocates:
Advocate Appeared:
For the Appellant : Abudu Kumar Rajarathinam for G. Krishna Kumar
For the Respondent: T.M. Pappaiah, Special Government Pleader

Headnote:

Constitution of India, 1950 - Article 226 - Inam Land - Registration of Settlement Deed - Challenged - Seeking direction to 3rd respondent to remove entry from their records - Petitioners is that subject property is an Inam Land purchased by one late who is father of 1st petitioner in W.P. and grandfather of petitioners in W.Ps. It is seen from records that one Mr. Dharmalinga filed a Suit against said ASL. father of 1st petitioner in O.S. seeking for relief of Declaration of Title with respect to subject property and said Suit was dismissed after contest by judgment and decree - Held, Court holds that Settlement Deed registered as Documents executed by father of 4th respondent in favour of 4th respondent as non-est in eye of law. Petitioners shall present this order for registration before 3rd respondent and 3rd respondent shall register same on payment of necessary stamp duty and registration fees. By such registration, earlier entries made in Documents will get automatically reversed - Court has to necessarily find a way out in exercise of its Jurisdiction under Article 226 of Constitution of India. It is clear from above that Settlement Deed has been executed by father of 4th respondent without any right, title or authority and Settlement Deed is non est in eye of law. This is second time this Court is dealing with rights of petitioners and relevant portions extracted supra from earlier Orders passed by this Court, is enough to establish right of petitioners over subject property - Writ Petitions allowed

ORDER :

N. Anand Venkatesh, J.

1. On consent given by either side, the main writ petitions are taken up for final hearing.

2. The issue involved in all these writ petitions are common and therefore they are taken up together and this common order is passed.

3. The petitioners are challenging the registration of the Settlement Deed dt. 15.04.2015, registered as Document No. 2637 and Document No. 2638 of 2015, on the file of the 3rd respondent and for a consequential direction to the 3rd respondent to remove the entry from their records.

4. The case of the petitioners is that the subject property is an Inam Land measuring an extent of 3.11 acres purchased by one late Mr. ASL Rajan, who is the father of the 1st petitioner in W.P. No. 18730 of 2020 and grandfather of the petitioners in W.P. Nos. 18721 and 18725 of 2020. It is seen from records that one Mr. Dharmalinga Naicker filed a Suit against the said ASL. Rajan in O.S. No. 779 of 1979, seeking for the relief of Declaration of Title with respect to the subject property and the said Suit was dismissed after contest by judgment and decree dt. 28.04.1988. Thereafter, the father of the 4th respondent filed another Suit against the said late ASL. Rajan in O.S. No. 582 of 1997, for the relief of Declaration of Title, on the ground that he purchased the subject property from Dharmalinga Naicker. This suit was also dismissed after contest by judgment and decree dt. 30.04.2003, passed by the District Munsif Court, Alandur.

5. The above said late ASL. Rajan, developed a layout after obtaining permission which had 31 plots. Since the property was an Inam Land, proceedings were initiated by the Assistant Settlement Officer under Act 30 of 1963 and considered the grant of Patta for the Inam Land under Section 13(1) of the Act. Ultimately, by proceedings dt. 24.12.1999, Patta was granted in favour of late ASL. Rajan. It is seen from records that late ASL. Rajan, had also dealt with the property and a portion of the property was conveyed to the Government of Tamil Nadu for the formation of the Inner Ring Road in the year 2000. Thereafter, the property was settled in favour of the petitioners in the year 2006. This Settlement Deed was also registered on the file of the 3rd respondent. The petitioners also applied for sub division and Patta and the same was also issued in favour of the petitioners.

6. In spite of all the above developments, the father of the 4th respondent managed to get a Patta for the subject property from the RDO, Tambaram and he also managed to get the necessary correction in the Town Survey Field Register. The same became a subject matter of challenge before this Court in W.P. Nos. 13302 and 13303 of 2015. These Writ Petitions were allowed by an order dt. 20.11.2019. The relevant portions in the order are extracted hereunder:

    6. After sometime, the father of the petitioner in W.P. No. 13302 of 2015 late Mr. A.S.L. Rajan purchased 3.11 acres of land from and out of the 3.86 acres of land from the said A.S. Perumal Naicker vide (a) 0.66 acres in Paimash No. 558 (b) 1.45 acres in Paimash No. 558/1 and (c) 1.00 acre in Paimash No. 620, in all measuring 3.11 acres under a Registered Sale Deed dated 15.3.1971 bearing Document No. 571/71 on the file of the Sub-Registrar, Alandur. These paimash numbers correlate to S. Nos. 71/1 and 71/3 as well as T.S. No. 184, Adambakkam Village. Finally, since it is claimed that the said lands are Inam lands covered under the Minor Inam Act, the father of the Petitioner in W.P. No. 13302/2015 was issued with notice dated 24.2.1973 under the said Act for enquiry and issuance of patta by the Settlement Tahsildhar, Chengelpat in SR. No. 24B19/G.R/TNMIA/Act 30/SDT/63 in respect of Survey No. 71/1 and SR. No. 24B19/73. W.P. Nos. 13302 & 13303 of 2015 Act/SDT/30/63 in respect of Survey No. 71/3. Subsequently, a fresh notice in SR. 263/88/TNMIA/Act/30/63/SDT dated Nil/01/1988 was issued by the Assistant Settlement Officer, Thiruvannamalai and after completion

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