2023 Supreme(Mad) 2760

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
T.M. Veeramuthu & Another – Appellants
Versus
The Tahsildar Thiruvallur & Others – Respondents
WP Nos. 836, 8200, 28169 & 25170 of 2012 & MP Nos. 1, 1, 1, 1 & 2 of 2012
Decided On : 04-09-2023

The main legal point established in the judgment is that the subject land was classified as 'Anadheenam' and vested with the Government under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948 and G.O.Ms.No.714, Commercial Taxes and Religious Endowments Department, dated 29.06.1987. The court held that the petitioners failed to initiate any steps to secure patta within the cut off date fixed by the Government and that the Government had already initiated steps to construct a school on the subject land.

Headnote:

Mandamus - Land Ownership - Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948, G.O.Ms.No.714, Commercial Taxes and Religious Endowments Department, dated 29.06.1987 - The court dismissed the writ petitions seeking mandamus to direct the first respondent to incorporate the petitioner's name as owner of the land measuring 1 Acre and 57 Cents in Survey no.13/6B of Noombal Puliyampedu Village, Ambattur Taluk, Thiruvallur District and issue revenue patta to the petitioner, and to forbear the first respondent from interfering with the possession of the petitioner with respect to the property situated at S.No.13/6(B) (old Survey No.13/6 (part), Puliambedu Village, Numbal Village and further direct to remove the structure illegally raised. The court found that the subject land was classified as 'Anadheenam' and vested with the Government under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948 and G.O.Ms.No.714, Commercial Taxes and Religious Endowments Department, dated 29.06.1987. The court held that the petitioners failed to initiate any steps to secure patta within the cut off date fixed by the Government and that the Government had already initiated steps to construct a school on the subject land. Consequently, the court dismissed the writ petitions.

Fact of the Case:

The petitioner sought mandamus to direct the first respondent to incorporate the petitioner's name as owner of the land measuring 1 Acre and 57 Cents in Survey no.13/6B of Noombal Puliyampedu Village, Ambattur Taluk, Thiruvallur District and issue revenue patta to the petitioner, and to forbear the first respondent from interfering with the possession of the petitioner with respect to the property situated at S.No.13/6(B) (old Survey No.13/6 (part), Puliambedu Village, Numbal Village and further direct to remove the structure illegally raised. The petitioner claimed that the subject land was erroneously classified as 'Anadheenam' and faced interference by the villagers and the Authorities. The respondents failed to consider the proceedings in RP No.3 of 1992 dated 18.08.1993 and erroneously classified the subject land as 'Anadheenam'. The petitioner's rights were protected by previous orders and the order of the Commissioner of Land Administration was deemed perverse.

Finding of the Court:

The court found that the subject land was classified as 'Anadheenam' and vested with the Government under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948 and G.O.Ms.No.714, Commercial Taxes and Religious Endowments Department, dated 29.06.1987. The court held that the petitioners failed to initiate any steps to secure patta within the cut off date fixed by the Government and that the Government had already initiated steps to construct a school on the subject land. Consequently, the court dismissed the writ petitions.

Issues: The issues revolved around the classification of the subject land as 'Anadheenam', the petitioner's claim for ownership and patta, and the interference faced by the petitioner.

Ratio Decidendi: The court held that the subject land was classified as 'Anadheenam' and vested with the Government under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948 and G.O.Ms.No.714, Commercial Taxes and Religious Endowments Department, dated 29.06.1987. The court found that the petitioners failed to initiate any steps to secure patta within the cut off date fixed by the Government and that the Government had already initiated steps to construct a school on the subject land. Consequently, the court dismissed the writ petitions.

Final Decision: The court dismissed the writ petitions seeking mandamus to direct the first respondent to incorporate the petitioner's name as owner of the land and issue revenue patta to the petitioner, and to forbear the first respondent from interfering with the possession of the petitioner and remove the structure illegally raised.