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2022 Supreme(Mad) 3664

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. SUNDAR, N. MALA, JJ.
Parvathiammal & Ors. - Appellants
Versus
N. Adikesavan & Ors. - Respondents
Writ Appeal Nos. 844, 845 and 1314 of 2011 and C.M.P. No. 20540 of 2022 and M.P. No. 2 of 2011
Decided On : 30-11-2022

Advocates Appeared:
For the Appellants : Mr. V. Manohar, Mr. A. Malaichamy.
For the Respondents: Mr. Kuberan for M/s.Rank Associates, Mr. R. Swaminathan, Mrs. Geetha Thamaraiselvan, Spl. Govt. Pleader,

Headnote:

Abolition and Conversion into Ryotwari) Amendment Act, 1974 - Section12(b)(ii) - Code of Civil Procedure, 1908 - Sale Deeds Executed - Challenging order- dead - Whether legal heirs of had any other land in their possession apart from what was conveyed by their predecessors-in-title - Held, This Court has already observed that Section 5[2] of Act only confers suo motu power to Director to cancel or revise any of orders acts or proceedings of Settlement Officer other than in respect of which an appeal lies to Tribunal - In present case it is admitted that Assistant Settlement Officer has passed the order on granting ryotwari patta in favour of Act - Since character of properties held by was different Assistant Settlement Officer has recognised rights of a landholder to get ryotwari patta for his private lands Section 12[a][i] and as landholder purchasing kudiwaram right from ryots to get patta Section 12[b][ii] of Act - Anyone aggrieved by order granting ryotwari patta in favour of landholder Section 12 of Act can file appeal before Tribunal within two months from of order. Section 15 provides for allowing further time exceeding six months for filing any appeal in terms - Writ Appeals are dismissed.

JUDGMENT :

S.S. Sundar, J.

All these three Writ Appeals are connected with each other and they arise out of the common order passed by a learned Single Judge of this Court on 07.04.2011 in W.P.Nos.12613 and 24522 of 2001.

2. The appellants 1 to 6 in W.A.No.1314 of 2011 are the petitioners in W.P.No.24522 of 2001. The deceased second petitioner in W.P.No.24522 of 2001, who is the 2nd appellant, is shown as dead in the cause title even in the Writ Appeal in W.A.No.1314 of 2011. The legal heirs of 1st appellant were brought on record as appellants 7 to 10 during pendency of appeal.

3. The appellants in W.A.No.844 of 2011 are the petitioners 10 and 21 in W.P.No.12613 of 2001.

4. The appellant in W.A.No.845 of 2011 is the 1st petitioner in WP.No.12613/2001. He died during the pendency of the appeal and his legal representatives were impleaded as the appellants 2 to 4 by the order of this Court in C.M.P.No.16416 of 2022, dated 14.11.2022.

5. The appellants (respective writ petitioners) along with others, filed two Writ Petitions in WP.Nos.12613 and 24522/2001 challenging the order passed by the Commissioner of Land Administration, Chennai, dated 14.05.2001. The further prayer in WP.No.24522/2001 is to direct the respondents 1 to 4 in W.P.No.24522 of 2001 to issue patta in the name of the writ petitioners, in respect of the properties measuring an extent of 2.52 acres in S.Nos.229/1A and 230/7A in Koyambedu Village in erstwhile Chengaplet District.

6. The brief facts that are necessary for disposal of these three Writ Appeals are as follows :

    (a) The Village Koyambedu (in erstwhile Chengalpet District) was an Inam Estate and the adjacent village Thirumangalam was a Jamin Estate within the meaning of Estate under the Madras Estates (Abolition and Conversion in to Ryotwari) Act (Tamil Nadu Act 26 of 1948) and the properties in the two villages were notified under Act 26 of 1948 (hereinafter called as 'the Act').

(b) By G.O.No.3157, Revenue Department, dated 09.12.1950, and vide G.O.No.2302 dated 01.09.1951, the villages were notified and taken over under the Act.

(c) One Kalpagammal, wife of Sri. A.K. Ranganatha Iyer purchased several properties in Koyambedu Village and Thirumangalam Village including the land which is the subject matter of these Writ Appeals under a few sale deeds executed by erstwhile ryots in respect of their Kudivaram right. One Amavasai and Alavattan along with their legal heirs of one Alavatan who were holding Kudivaram right executed five Sale Deeds in favour of Smt. Kalpagammal. By virtue of two Sale Deeds vide Doc.Nos.8 of 1929 and 231 of 1930, dated 31.12.1929, a Sale Deed [Doc.No.791 of 1930] dated 16.06.1930, a Sale Deed [vide Doc.No.653 of 1931] dated 30.05.1931 and a Sale Deed [vide Doc.No.953 of 1931] dated 15.07.1931, the kudiwaram right was transfered in the name of Smt. Kalpagammal, wife of Sri. A.K. Ranganatha Iyer.

(d) After the lands were notified and taken over under the Act, the settlement proceedings were initiated and it is admitted that by proceedings of the Assistant Settlement Tahsildar, Chitthoor, dated 31.07.1952, ryotwari patta was granted to the said Ranganatha Iyer. It is admitted that Sri. A.K. Ranganatha Iyer was the erstwhile Zamindar of Thirumangalam as he had acquired the said right by a document. He appears to have purchased private Kambatham lands [about 200 acres] apart from the 5 Sale Deeds in the name of his wife between 1929 and 1945. Sri. A.K. Ranganatha Iyer also issued patta in respect of the entire lands in favour of his sons to show that the lands are in the physical enjoyment of his sons and claimed ryotwari patta during settlement that he is entitled to patta in respect of private kambatham lands under Section 12[a][i] and for the remaining lands under Section 12[b][ii] having acquired the same from the ryots. All the children of Sri. A.K. Ranganatha Iyer have consented before the Assistant Settlement Officer for issuing ryotwari patta in favour of Sri. A.K. Ranganatha Iyer. This

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