JUDGMENT

(Prayer: W.P. No.20949 of 2014 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus to call for all the records relating to the impugned order Na.Ka.2610/2012/Aa1 dated 29.10.2013 passed by the 1st respondent herein and quash the same insofar as it relates to the lands of the petitioner covered under patta Nos.921, 1412 and 1418 of Poonthandalam and Neikuppi Villages, Thirukazhukundram Taluk, Kancheepuram District and consequently direct the 1st respondent herein to restore all the Taluk and Village revenue records pertaining to the lands of the petitioner covered under patta Nos.921, 1412 and 1418 of Poonthandalam and Neikuppi Villages, Thirukazhukundram Taluk, Kancheepuram District as they were on 28.10.2013, i.e., immediately prior to the passing of the above said impugned order.

W.P. No.29241 of 2014 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari to call for the records relating to the impugned communication D.O. Lr.No.Rc.K1/36249/06 dated 14.02.2011 issued by the Principal Secretary and Commissioner of Land Administration, Chennai, the first respondent herein, and quash the same.

W.P. No.2765 of 2020 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari to call for the records of the 1st respondent in his proceedings Ref.No.K/1/16090/2013 dated 26.12.2019 and quash the same except para 25 (i) of the said impugned order.)

Common Order:

1. Assailing the deletion of the name of the petitioner in the patta by the Tahsildar upon the directions of the Commissioner of Land Administration and the subsequent communication of the District Collector resulting in the impugned order passed by the Commissioner of Land Administration cancelling the ryotwari patta granted to the petitioner, the present petitions have been filed.

2. It is the case of the petitioner that lands measuring 10.10.5 hectares and 17.77 hectares in Neikuppi Village and 5.36 hectares in Poonthandalam Village of Thirukazhukundram Taluk, Kancheepuram District, totally measuring 33.23 ½ hectares belonged to his foster father, Late M.Vedachala Mudaliar, who had acquired the said lands by way of court auction held by the Sub Court, Chengalpet, vide Sale Certificate No.LA 2994/39 dated 28.11.1939 and duly registered with SRO, Thirukazhukundram as MP No.482 of 1940 dated 17.5.1940. It is the further case of the petitioner that even since the said purchase, the pattas, having mutated, stood in the name of his father and that his father was in continuous possession and enjoyment of the same and was paying the kist and other statutory charges with regard to the said lands.

3. It is the further case of the petitioner that he was adopted as the son of Rajeswari, wife of Vedachala Mudaliar on 7.9.1959 vide Document No.12/1959, after the demise of Vedachala Mudaliar, who died intestate on 10.4.1957. The said Rajeswari died intestate on 19.3.1981, whereupon the properties devolved on the petitioner.

4. It is the further case of the petitioner that by enactment of Tamil Nadu Estate (Abolition & Conversion into Ryotwari) Act, 1948, (for short ‘Act, 1948’) the lands of Vedahala Mudaliar were taken over by the Government and inspite of the fact that the SLR indicated the name of Vedachala Mudaliar as the owner of the lands, the lands were wrongly classified as ‘Anadheenam’, without any reference to the said Vedachala Mudaliar. It is the further case of the petitioner that in the revenue records the name of Vedachala Mudaliar was rounded and the lands were shown as ‘Anadheenam’ and upon coming to know of the same, the petitioner has been incessantly approaching the revenue authorities to make the necessary modification entries in the revenue records and issue patta in his name. Inspite of representations sent by the petitioner and also without considering the overwhelming records that unerringly pointed the petitioner as