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2025 Supreme(Mad) 3974
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J.
K.Parvathi - Petitioner
Versus
The Revenue Divisional Officer, Perambalur and ors. - Respondents
W.P.Nos.2319, 2326, 2334, 2340, 2346, 2353, 2357, 2360, 2368, 2377, 2393 & 2397 of 2019 and W.M.P.Nos.2588, 2561, 2566, 2567, 576, 2576, 2583, 2585, 2591, 2593, 2596, 2597, 2605, 2607, 2610, 2611, 2613, 2614, 2620, 2622, 2636, 2637, 2639 & 2641 of 2019
Decided On : 20-01-2025
Advocate Appeared:
For the Petitioner: M/s.N.Manokaran
For the Respondent: M/s. A. Selvendran, Special GP
The court reaffirmed that without clear evidence of conditional assignment, prior ownership rights should prevail, granting the petitioners entitlement to patta.
Headnote:(A) Revenue Laws - Grant of Patta - The petitioners sought to quash the order denying their request for patta on the ground of improper categorization of land as 'zero' value and assignment to a specific community. The petitioners asserted their eligibility based on prior court rulings regarding similar lands. (Paras 4, 14, 20)
(B) Conditional Assignment - The court held that the respondents failed to prove the conditional assignment of lands to a specific community, thereby allowing the petitioners their requested relief. (Paras 16, 19)
Facts of the case:
Petitioners purchased house sites in a layout named 'Nethaji Nagar' and sought patta. Issues arose post land valuation as zero, linked to community assignment. Legal disputes ensued regarding their rights to the land. (Paras 4-11)
Findings of Court:
The court found no evidence supporting the respondents' claims of conditional assignment to a specific community and reinstated the petitioners' rights to obtain patta. (Paras 18-20)
Issues: The main issues were whether the lands were wrongfully categorized as zero value and if the respondents could justify their assignment claims. (Paras 14, 18)
Ratio Decidendi: The court determined that the respondents did not sufficiently establish their claims, therefore recognized the petitioners' rights upheld by prior rulings and allowed the petitions. (Paras 16-20)
Result: Writ Petitions allowed; the 2nd respondent directed to grant patta. (Para 20)
| Table of Content |
|---|
| 1. filing of writ petitions (Para 1 , 2 , 3) |
| 2. purchase history and land value issues (Para 4 , 5 , 6 , 10) |
| 3. contention regarding land assignment (Para 7 , 8 , 11) |
| 4. challenges to registration refusals (Para 9 , 12 , 13 , 14) |
| 5. arguments regarding conditional assignments (Para 15 , 16 , 17) |
| 6. court's ruling on land ownership (Para 18 , 19 , 20) |
ORDER :
P.T. ASHA, J.
The Writ Petitions are filed to quash the order passed by the 1st respondent confirming the order passed by the 2nd respondent and consequently direct the 2nd respondent to grant patta with reference to the properties of the respective petitioners.
2. Since the petitioners in all these Writ Petitions seek a similar relief and the subject matter is also common to all, this Court is passing a common order.
3. The brief facts are herein below narrated:-
The petitioners have purchased the following sites:-
| Name of the petitioner | House site number | extent | survey number |
| K.Parvathi | 88C | 1417 1/2 sq.ft. | 468/3 |
| A.Devika | 54 | 1300 sq.ft. | 479/1 |
| R.Durai | 113 | 1300 sq.ft. | 441/4, 6, 442/3 & 479/1 |
| N.Nallaammal | 439 | 1300 sq.ft. | 479/2 |
| R.Rani | 157A | 1300 sq.ft. | 441/2 and 7 |
| R.Kolanchiaammal 43 | 1300 sq.ft. | 442/3 and 479/1 | |
| N.Baskar | 341 | 1300 sq.ft. | 441/7C, 7D, 7F, 7G, 7H, 442/1B, 1C, 1F, 1E, 1H, 1G, 468/3, 479/3A, 442/3 and 441/5 |
| N.Krishnan | 128 and 129 | 2600 sq.ft. | 441/4 |
| Veeran | 146 | 1300 Sq.ft. | 441/6 |
| B.Radha | 97 | 1300 sq.ft. | 442/3 |
| A.Anbalagan | 166 | 1300 sq.ft. | 441/5 and 7 |
| N.Maheswari | 221 | 1300 sq.ft. | 442/1 |
4. It is their case that when they had made arrangements for putting up construction on the said sites and sought approval for construction, they came to know that the 2nd respondent herein as also the Sub Registrar, Veppanthattai had treated the subject survey numbers as a 'zero' value. Therefore, petitions were made with the Sub-Registrar to restore the land value to its original value and the 2nd respondent was also requested to grant patta in the name of the petitioners.
5. The Registration Department by its order informed the petitioners that the subject land had been valued as zero in the Guideline Register. However, the value fixed in respect of the Survey Field No.468/1 has been set right pursuant to the orders of this Court passed in W.P.No.24061 of 2012. The petitioners' contention is that their house sites are also located in the very same lay out known as "Nethaji Nagar" and therefore the order of this Court passed in W.P.No.25518 of 2011 and W.P.No.24061 of 2012 dated 12.04.2012 and 24.06.2014 respectively would apply to their sites as well.
6. It is the contention of the petitioners that one A.Kaliyamoorthy and others have formed a lay out under the name and style of "Netahji Nagar in S.Nos.479/3A, 3B, 3C, 3D, 422/3, 473/3,468/3, 441/6, 479/1, 441/4, 442/1A, 1B, 1C, 1D, 1E, 1F, 1G, 441/5, 41/7A, 7B, 7C, 7D, 7E, 7F, 7G, 7H and 479/2 of Udumbiam Village, Veppanthattai Taluk, Perambalur District. The promoters had acquired the lands under various documents which has been set out in a tabulated statement in the affidavit filed in support of the Writ Petition. After purchasing these lands they had formed a lay out of house sites and sold it to various individuals. The petitioners have also purchased house sites in the said survey numbers and the details of their purchases are provided below:-
| Sl. No. | Date & Doc.No. | Name of the Vendors | Name of the purchaser | Site No. & extent |
| 1 | 15.05.2009 1821/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | R.Durai | No.113 1300 sqft. |
| 2 | 28.05.2009 1820/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | N.Baskar | No.341 1300 sqft. |
| 3 | 03.07.2009 1974/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | Anbalagan | No.166 1300 sqft. |
| 4 | 06.07.2009 2030/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | Maheswari | No.221 1300 sqft. |
| 5 | 06.07.2009 2021/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | B.Radha | No.97 1300 sqft. |
| 6 | 16.07.2009 2241/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | Veeran | No.146 1300 sqft. |
| 7 | 16.07.2009 2249/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | A.Devaki | No.54 1300 sqft. |
| 8 | 20.07.2009 2306/2009 | A.Kaliayamoorthy Power agent of M.Vijaya | N.Krishnan | No.128 & |
