2021 Supreme(Online)(MAD) 38877
IN THE HIGH COURT OF JUDICATURE AT MADRAS Date of Reserving Order Date of Pronouncing Order
16.09.2021 23.09.2021 CORAM THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No.30633 of 2012 and M.P.No.1 of 2012 G.D.Chrystal Jeyamathy ... Petitioner -vs-
1.The Secretary, Government of Tamil Nadu, Department of Revenue, Fort St. George, Chennai 600 009.
2.The District Collector, Thiruvallur District, Thiruvallur.
3.The Commissioner, Land Administration, Chepauk, Chennai 600 005.
4.The District Revenue Officer, Thiruvallur District.
5.The Revenue Divisional Officer, Ponneri Revenue Division, Ponneri.
6.The Tahsildar, Gummidipoondi Taluk, Gummidipoondi. ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent in the impugned proceedings in R.C.No.4436/2008- B-2, dated 17.09.2012 and quash the same and consequentially direct the respondents to grant patta to the petitioner for the property comprised in Survey Nos.579/1, 2 & 3 of Nemalur Village, Gummidipoondi Taluk, Thiruvallur District, measuring a total extent of Hectares 1.28.0 Ares, equivalent to Acres 3.16 cents, which was allotted and put in possession of the late freedom fighter G.Devadhas, the father of the petitioner herein.
For Petitioner : Mr.E.Om Prakash, Senior counsel Assisted by Mr.P.Elayaraj Kumar for M/s.Ramalingam & Associates For Respondents : Mr.Richardson Wilson, Government Advocate **********
O R D E R
This Writ Petition is filed to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent in the impugned proceedings in R.C.No.4436/2008-B-2, dated 17.09.2012 and quash the same and consequentially direct the respondents to grant patta to the petitioner for the property comprised in Survey Nos.579/1, 2 & 3 of Nemalur Village, Gummidipoondi Taluk, Thiruvallur District, measuring a total extent of Hectares 1.28.0 Ares, equivalent to Acres 3.16 cents, which was allotted and put in possession of the late freedom fighter G.Devadhas, the father of the petitioner herein.
2. The case of the petitioner is that the petitioner is in possession and enjoyment of the land comprised in Survey Nos.579/1, 579/2, 579/3 to the total extent of Hectares1.28.0 Ares, equivalent to 3.16 Acres which are classified as "Assessed Tharisu". Originally, her father was being the freedom fighter was put in possession in the year 1980. It was given by the Government to her father as part of assignment of lands at free of cost to political sufferers, ex-servicemen and landless poor farmers, including Freedom Fighters in recognition of their services.
3. While her father was alive, the Government of India sanctioned him freedom fighters pension of Rs.100/- with effect from 17.08.1973 and he died on 04.12.1993. During the life of her father, he approached the respondents for issuance of patta for the land assigned to him. On the request made by her father the 6th respondent sent a communication dated 14.12.1990 to the 5th respondent herein, thereby certifying that he had been receiving freedom fighter's pension at Rs.700/- and his families total income was Rs.1750/- and he owned punja land and house comprised in Survey No.164/4 admeasuring 0.01.0 Hectares.
4. Thereafter, the third respondent herein by communication dated
01.09.1992 ordered to issue patta and by the communication dated 18.11.1992 and directed to take further steps to issue patta to the petitioner's father. By way of communication dated 26.08.1992, the second respondent also recommended to the land Commissioner for issuance of patta.
Likewise, the communication dated 19.03.1992 the name of petitioner's father was recommended for issuance of patta. Thereafter, her father died on 04.12.1993 and the petitioner has been cultivating the same.
5. The petitioner followed the representation of her father and approached the authorities concerned for issuance of patta. On 11.08.2005, the petitioner had sent representation to the third respondent for issuance of patta. By communication dated 05.04.2006 the 6th respondent after field inspection recommended to assign the land at cost of Rs.269/- per cent for the total cost of Rs.85004/- in favour of the petitioner. The 6th respondent also annexed the field inspection report with the recommendation. 6. The 5th respondent by the communication dated 30.06.2008 informed to the 4th respondent about the rate fixed by the 6th respondent for assignment. In fact, the petitioner's statement was also recorded and agreed for the cost fixed by the 6th respondent. Thereafter, the petitioner sent detailed representation dated 24.06.2010 for consideration. On receipt of the same, the third respondent called for report from the second respondent.
Again, the 6th respondent by communication dated 24.09.2010 fixed the cost at Rs.428/- per cent and fixed a total cost at Rs.1,35,248/- for the extent of 3.16 acres to assign in favour of the petitioner.
7. However, the Officials concerned had not considered the request for assignment of land and no steps had been taken for assignment of land. Therefore, the petitioner filed writ petition in W.P.No.28848 of 2011 before this Court and this Court by order dated 30.03.2012 directed the respondents to take a final decision on the representation of the petitioner within a period of three months. It was further directed that while considering the representation of the petitioner, the respondents should con