W.P. No.3186 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

W.P. No.3186 of 2023

and

W.M.P.Nos.3247 & 3257 of 2023

N.Kamalammal

... Petitioner

Vs.

1.The Joint Director and Commissioner of

Land Reforms and Land Administration,

Department of Land Reforms,

Chepauk, Chennai – 600 005.

2.Bhoodan Board,

Commissioner of Land Reforms

Ezhilagam, Chepauk,

Chennai – 600 005.

3.The District Collector,

Villupuram District,

Collectorate Building,

Villupuram 605 602.

4.The Tahsildar,

Thiruvennainallur Taluk,

Villupuram District – 607 203.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India,

praying for issuance of a Writ of Certiorarified Mandamus, calling for

1/11

https://www.mhc.tn.gov.in/judis

W.P. No.3186 of 2023

the records of the 1^st respondent relating to the impugned order made in

Na.Ka.No.K1/11089/2018 (Boova) dated 8.2.2021 (Served 17.8.2022),

to quash the same and to issue consequential direction to the 4^th

respondent to grant patta to the petitioner in respect of landed properties

in S.No.114/1 (2 Acres 79 Cents and S.No.114/3 (2 Acres 49 cents) in

Anrayanallur Village, Thiruvennainallur Taluk, Villupuram District.

For Petitioner

: Mr.M.R.Jothimanian

for Mr.S.Muthukumar

For Respondents

: Mr.Yogesh Kannadasan

Special Government Pleader

O R D E R

The prayer sought for herein is for a writ of Certiorarified

Mandamus, calling for the records of the 1^st respondent relating to the

impugned order made in Na.Ka.No.K1/11089/2018 (Boova) dated

8.2.2021 (Served 17.8.2022), to quash the same and to issue

consequential direction to the 4^th respondent to grant patta to the

petitioner in respect of landed properties in S.No.114/1 (2 Acres 79

Cents and S.No.114/3 (2 Acres 49 cents) in Anrayanallur Village,

Thiruvennainallur Taluk, Villupuram District.

2. The land in Survey Nos.114/1 and 114/3 situated at

Anrayanallur Village, Thiruvennainallur Taluk, Villupuram District is

2/11

https://www.mhc.tn.gov.in/judis

W.P. No.3186 of 2023

the subject matter. This land was originally belongs to the family of the

petitioner, where, a partition had been taken place between the petitioner

and her husband's brother on 29.07.1959, which was also registered as a

document in Document No.1358 of 1959 on the file of Thiruvennainallur

Sub Registrar Office.

3. According to the partition, a number of properties consisting in

Schedule B had been allotted to the petitioner. Since then the petitioner

had been in possession and enjoyment of all these properties in B

Schedule allotted to her including the subject matter property.

4. Subsequently on 13.10.1964 towards Bhoodan Movement, the

property in question seems to had been given or wrongly given by the

brother of the petitioner's husband one Subbiah Naidu and that was the

gift deed which was also registered on 13.10.1964.

5. Therefore according to the records, the property in question had

been donated to the Bhoodan Movement on 13.10.1964, however the

donation has not been done by the owner of the property, however the

said Subbiah Naidu might have donated mistakenly.

3/11

https://www.mhc.tn.gov.in/judis

W.P. No.3186 of 2023

6. Without knowing these aspects, the petitioner had been

continuously enjoying the property and doing agricultural activities and

when that being so, recently only the petitioner had come to know that

the land had been wrongly donated or mistakenly donated by Subbiah

Naidu to the Bhoodan Movement and therefore in this regard the

petitioner made an attempt to the respondents i.e. the 1^st respondent to

return back the land in favour of the petitioner, because, the petitioner

never donated the land in question towards the Bhoodan Movement.

7. However the said application submitted by the petit