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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
Sundaram & Others Appellant
Versus
The Additional Chief Secretary and Commissioner of Land Administration, Madras & Others - Respondent
W.P.Nos.33006 & 42340 of 2016, 12570 of 2017 and 28245 of 2018 W.M.P.Nos.28519 & 36244 of 2016, 13342 of 2017 and 32934 of 2018
Decided On : 07-12-2021
Constitution of India, 1950 - Article 226 - Tamil Nadu Estate Abolition and Conversion into Ryotwari Act, 1948 - Section 11(a), 67, 11, 12, 13, 14, 15, 3(b), 67(2)(a) & (d), 3(b), 3(e) - Even erstwhile owners can claim a right only by applying for ryotwari patta - Power to make rules - Whether petitioners are entitled for their claim rather than falling prey to mischief of respondents in seeking to raise a non-existing issue of delay in seeking patta - Whether classified or unclassifed as Anadeenam cannot affect right of petitioners – Held, respondent rightly rejected claim of petitioners and Court finds no infirmity or illegality in order passed by first respondent and Writ Petition is devoid of merits - Petitioners challenged Government Order , thereby allotting subject lands to S.S.N.Trust and other departments - When petitioners are not entitled to ryotwari patta, they have no locus to challenge Government Order thereby assigning subject land in favour of third party - Petitioners claimed patta on basis of report , sent by respondent viz., District Revenue Officer, to respondent viz., District Collector - Under 1948 Act, authority to grant patta is Settlement Thashildar or Settlement Officer - Whereas, in case, Revenue Divisional Officer has recommended for grant of patta - Authority under 1948 Act, who are basically officers under control of Director and Settlement can make recommendations under the 1948 Act - Writ Petitions dismissed.
JUDGMENT
(Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in order No.R.Dis.K1/WRS49/2015 (1995/2015) dated 21.06.2016 and quash them as illegal, incompetent and unconstitutional and further decree to the respondents to issue patta to the petitioners in respect to the land in Survey No.3/1 and others in Madharpakkam Village, Gumidipondi, Thiruvallur District.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in order No.Na.Ka.E.1/274/14 dated 16.09.2016 and quash the same as illegal, incompetent and unconstitutional and further decree to the respondents to issue patta to the petitioners in respect to the land in survey No.157, ad measuring 18.90 acres in Thatchur Village, Ponneri Taluk, Thiruvallur District.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records on the file of the first respondent in Government Order No.264 dated 23.05.2008 and quash the same as illegal, incompetent and unconstitutional.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to grant patta on the basis of the report dated 06.08.2013 in his Rc.No.4146/2013-B, made by the fourth respondent to the third respondent in the name of the petitioners over the properties, as described in the schedule annexed to the Writ Petition, in respect to the lands in Survey No.84/15 in No.35, Kanathur Reddikuppam Village, Tiruporur Taluk, Kancheepuram District, within a time frame as may be fixed by this Court.)
1. These Writ Petitions have been filed to quash (i) the order No.R.Dis.K1/WRS49/2015 (1995/2015) dated 1.06.2016, (ii) the order No.Na.Ka.E.1/274/14 dated 16.09.2016, (iii) Government Order No.264 dated 23.05.2008 respectively and also to direct the respondents to issue patta in favour of the petitioners in respect of the subject lands.
W.P.No.28245 of 2018
2. The case of the petitioners is that the lands comprised in survey Nos.84/52, 53, 57 to 61 situated in village No.35, Kanathur Reddikuppam, Kancheepuram District, originally stood in the name of one Natesan Naicker, upon the payment of Melwaram. Thereafter all the above lands were clubbed together and they were brought within one field in Survey No.84/15. However, the lands in the Village had been taken over under the provisions of the Tamil Nadu Estate Abolition and Conversion into Ryotwari Act No.26 of 1948 (herein after called as “the 1948 Act”).
2.1. After the lands vested with the government, for the purpose of distribution of the lands and for the grant of Roytwari patta, notices were sent to the land holders. It is also noticed that the name of the said Natesan Naicker was rounded off and the said land was classified as “Anatheenam”, to an extent of 1 acres 5 cents. Nevertheless, the said lands are continued to be in possession and enjoyment of the said Natesan Naicker. He laid out the said lands and divided into house plots and those plots were also sold out to various persons by the registered sale deed. The petitioners have purchased their respective plots and they are in possession and enjoyment of the same and they build up their residential houses and all the houses are assessed to property tax and other revenue dues.
2.2. In order to regularize the possession and enjoyment of the said land, the petitioners are entitled to apply for patta under G.O.Ms.No.1312 Revenue Department dated 26.10.1967 and G.O.Ms.No.1300, Revenue Department dated 30.04.1971. When the petitioners approached the sixth respondent viz., Tahsildar for sub-division and for issuance of patta, they were informed that the lands had been classified as Anatheenam in the revenu
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