Suo motu revision powers cannot be exercised when an appeal remedy exists under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948.

ORDER :

N.Anand Venkatesh, J.

This writ petition has been filed challenging the proceedings of the first respondent dated 27.11.2021 and for a consequential direction to the respondents to restore the patta in respect of the property in Survey No.33/4B measuring acres 8.28 cents situated at Padiyanallur Village, Ponneri Taluk, Tiruvallur District to its original position as per the proceedings of the fifth respondent dated 19.9.2021.

2. Heard the learned Senior Counsel appearing on behalf of the petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.

3. The case of the petitioner is as follows :

(i) The properties in S.No.33 measuring an extent of acres 34.54 cents, Padiyanallur Village, Ponneri Taluk, Tiruvallur District were originally owned by one Mr.Venkatagopal Rao. He died in 1943 leaving behind him his wife and two sons as surviving legal heirs. Thereafter, the said properties were subdivided into S.Nos.33/3 and 33/4 measuring acres 16.44 cents and acres 18.10 cents respectively. Patta was also issued in favour of the wife of the said Mr.Venkatagopal Rao.

(ii) Later, the said properties were sold by the owners through various sale deeds executed from the years 1955 to 2001. The last three purchasers namely one Mr.Jagaram, one Mr.Mohanlal and one Mr.Dharamveer took steps to develop the properties purchased by them measuring acres 8.28 cents. Hence, their power agents approached the fourth respondent for the issuance of patta based on the sale deeds. But, they were informed that the subject properties namely acres 8.28 cents have been classified as Government Wet Anaadheenam in the A register as early as 1962.

(iii) In view of the same, on 20.5.2011, the three owners of the subject properties applied for ryotwari patta before the fifth respondent under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, the Act). However, vide proceedings dated 12.6.2011, the fifth respondent rejected the claim made by the last purchasers of the subject properties on the ground that such a claim was made after a long lapse of time.

(iv) As a consequence, the proceedings of the fifth respondent dated 12.6.2011 was put to challenge before this Court by filing W.P. No.15175 of 2011 and it was allowed by order dated 30.6.2011 by holding that there was no limitation for the fifth respondent for granting patta under Section 11 of the Act, the order dated 12.6.2011 was set aside and the matter was remitted back to the fifth respondent to take a decision on merits.

(v) Pursuant to the said direction of this Court, an inquiry was conducted by the revenue officials, an inspection was also conducted and a report was also submitted. As a follow up, the fifth respondent, vide proceedings dated 19.9.2011, directed the issuance of patta to the last purchasers under the Act. Subsequently, patta No.3688 also came to be issued. Thereafter, the last three purchasers sold the entire extent of acres 8.28 cents in favour of one M/s.Vidushi Wires Private Limited vide sale deed dated 30.11.2011 registered as doc.No.13875 of 2011 on the file of the Sub-Registrar, Red Hills and patta was transferred in its name vide patta No.3805 dated 11.1.2012.

(vi) Later, the said M/s.Vidushi Wires Private Limited sold the subject properties to the petitioner vide sale deed dated 12.6.2014 registered as doc.No.6030 of 2014 for a valid sale consideration. Subsequent to the purchase, patta was also issued in the name of the petitioner in patta No.5902 on 25.11.2014 by the fourth respondent. Thereafter, the chitta and adangal were also issued in the name of the petitioner, who was in possession and enjoyment of the subject properties.

(vii) A complaint dated 18.8.2018 came to be filed by one Mr.K.Natarajan before the third respondent. Pursuant to the said complaint, the third respondent, vide proceedings dated 18.2.2019, cancelled the patta, which was already issued to the petit