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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
K.M.Nalinishree Rep by her power agent Mr.Prakash Challa – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
P.T. ASHA, J.
The Writ Petition is filed for the following relief:
“To direct the respondents to rectify the revenue records including the online patta in respect of the subject property comprising 3.89 acres in Survey Nos.66/2 and 67/2 and restore the name of the 1st petitioner in the online patta for the above Survey nos. in line with the physical patta granted in patta no.728 dated 24.12.2002”.
2. The case on hand highlights a very dangerous trend wherein after giving undertaking before the Court, the said undertakings are sought to be set at naught in subsequent cases by stating that these orders have been passed at the instance of the person without authority. It is rather unfortunate such a trend is being adopted by the State. The facts narrated below would highlight the anxiety and apprehension of this Court.
3. The 1st petitioner's husband one Madhavan, who is a retired Indian Air Force personnel had been assigned lands to an extent of 3.89 acres in S.No.411/1, 411/2, 411/3, 411/4, in Karanai Puducherry, Chengalpet Taluk, Kancheepuram, bearing Reference No.DC-78/76 dated 31.03.1967.
4. After the assignment in favour of the 1st petitioner's husband, the Forest Department h
The court emphasized the necessity for governmental compliance with prior court orders concerning land assignment, asserting that logged records must accurately reflect legal ownership.
The court reaffirmed that without clear evidence of conditional assignment, prior ownership rights should prevail, granting the petitioners entitlement to patta.
Ex-servicemen assigned land can freely alienate it after ten years under specific government orders, irrespective of prohibitive conditions in assignment deeds.
The judgment underscores the importance of revenue records in establishing land ownership and the burden on the government to prove its title in land disputes.
Authorities must prove land was assigned with non-alienation conditions to initiate resumption proceedings; failure to establish this invalidates the actions taken.
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