R. VIJAYAKUMAR
G. Palraj – Appellant
Versus
Commissioner Land Administration, Survey & Settlement, Land Administration Office, Chennai – Respondent
JUDGMENT
(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned order Tha.Pa.11/17/2009, dated 23.09.2010 passed by the first respondent and quash the same as illegal.)
1. The present writ petition has been filed challenging an order passed by the first respondent herein under which the first respondent has invoked his suo motu power and cancelled the Patta granted by the Assistant Settlement Officer under Act 26 of 1948.
2. The petitioner has contended that he is the owner of 1.50 acres in Survey No.434, 1 acre in Survey No.441 and 50 cents in Survey No.442, totally an extent of 3 acres. His father Ganapathy was the original owner and he has enjoying the same by cultivating the said lands. However, the said lands were wrongly assessed as poramboke land during the Settlement proceedings arising out of Estate Abolition and Royatwari Settlement Act 26 of 1948. His father has not taken any steps to change the nature of the land in the revenue records. After the death of his father, the petitioner has inherited the same and he has dug a Well in Survey No.434. Thereafter, the petitioner
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