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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S.Sundar, K.Rajasekar
E.Dhanapal – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary to Government, Revenue Department – Respondent
JUDGMENT :
S.S. SUNDAR, J.
The above Writ Appeal is directed against the order of the learned Single Judge, dated 17.10.2022, dismissing the writ petition filed by the appellants in W.P.No.10423 of 2013 for issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the 1st respondent vide G.O.Ms.No.99, Revenue LD-I(1) Department, dated 28.03.2013, and to direct the 5th respondent to carry out the changes in all Revenue records in favour of the appellants in respect of the property comprised in R.S.No.1455, G.L.R.S.No.363, St.Thomas Mount Village, Alandur Taluk, Kancheepuram District, admeasuring 1 Acre and 17,947 sq.ft., roughly around 25.6 Grounds.
2.The appellants herein claim that they are the co-owners of the property measuring an extent of 1 Acre and 17,947 sq.ft. in R.S.No.1455, G.L.R.S.No.363 at St.Thomas Mount Village, Alandur Taluk. It is stated by the appellants that they have purchased the property and applied for patta jointly and their claim for patta was rejected by the order impugned in the writ petition by the 1st respondent.
3.The appellants trace their title to the property in the following manner :
(a)Originally, the property was owned by one Mrs.Susan
Continuous enjoyment of property does not confer ownership without valid title, especially when the land is classified as Government Poramboke.
The classification of land as Government Poramboke precludes the appellants from successfully claiming ownership, emphasizing the burden of proof lies on them to establish lawful title.
A suit for permanent injunction is not maintainable without seeking a declaration of title when the plaintiff's title to the property is in dispute or under a cloud. The grant of patta and reliance o....
The court ruled that to obtain ryotwari patta under the Tamil Nadu Minor Inams Act, the claimant must demonstrate pre-existing ownership rights, which were not established in this case.
The burden of proof in title suits rests with the plaintiffs to establish a superior title; revenue entries are insufficient to confer ownership.
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.
Possession follows title; a suit for declaration of title is maintainable despite claims of res judicata and adverse possession if the plaintiff proves ownership.
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