2021 Supreme(Online)(MAD) 41374
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.10.2021 CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.19130 of 2021 S.Maliga ...
Petitioner Vs.
1.The Secretary to Government, Department of Board of Revenue, Fort St.George, Secretariat, Chepauk, Chennai - 600 009.
2.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
3.The District Collector, Chennai District, Chennai - 600 001.
4.The District Revenue Officer, At the Office of the District Collector, Chennai District, Chennai - 600 001.
5.The District Revenue Officer (Land and Estates), At the office of the Corporation Building, Greater Chennai Corporation, Chennai - 600 003.
6.The Tahsildar, Fort - Tandaiyarpet Taluk, Chennai - 600 003.
7.The Tahsildar, Perambut Taluk, Chennai - 600 011. ...
Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus to direct the 7th respondent to consider petitioner representation, dated 21.01.2020, lawyer's notice, dated 10.12.2020 and representation, dated 25.01.2021 respectively and pass orders on the same with respect to change of classification of petitioner's land on the file of the 7th respondent's revenue records from 'Government Poramboke Land-Road' into 'Ryotwari Land of the petitioner' in respect of Plot No.1 to an extent of 2670 sq.ft., of land, regularized by the 2nd respondent vide Planning Permit No.SD- D/1582/2004, dated 30.12.2004, Visalachi 2nd Cross Street, Lakshmi Amman Nagar, comprised in Survey No.73/6B, Erukkancherry, Chennai- 600 118 and to grant patta for the same to and in favour of the petitioner after giving an opportunity of being heard to the petitioner in accordance with law.
For Petitioner : Mr.B.Dayalan For Respondents : Mr.V.Veluchamy Government Advocate
ORDER
This writ petition has been filed for a mandamus to direct the seventh respondent to consider petitioner representation dated 21.01.2020, lawyer's notice dated 10.12.2020 and another representation dated 25.01.2021 respectively and pass orders on the same with respect to change of classification of petitioner's land on the file of the seventh respondent's Revenue Records from 'Government Poramboke Land-Road' into 'Ryotwari Land of the petitioner' in respect of Plot No.1 to an extent of 2670 sq.ft., of land, regularized by the second respondent vide Planning Permit No.SD-D/1582/2004, dated 30.12.2004, Visalachi 2nd Cross Street, Lakshmi Amman Nagar, comprised in S.No.73/6B, Erukkancherry, Chennai - 600 118 and to grant patta for the same to and in favour of the petitioner after giving an opportunity of being heard to the petitioner in accordance with law.
2.The case of the petitioner is that originally the agricultural land bearing Wet S.No.73/6B to a total extent acre 0.43 Cents of No.33, Erukkanchery Village of Tandaiyarpet Taluk and other properties in the village were ancestral properties and which was partitioned by her grandfather viz., S.Thanthoni Mudaliyar and his brothers viz., S.Duraisamy Mudaliyar and S.Murugesha Mudaliyar by a Deed of Family Arrangement /Koor Chit, dated 12.05.1959; and said Wet S.No.73/6B- acre 0.43 cents, Wet S.No.144/3-acre 0.10 cents, Wet S.No.54-acre 0.5 cents and Wet S.No.142 - acre 0.35 cents of No.33, Erukkanchery Village alloted to her father under A-Schedule of Property of said Deed/Koor Chit.
3.The petitioner submits that the said land bearing Wet S.No.73/6B-acre 0.43 cents and Wet S.No.144/3- acre 0.10 cents had been enjoyed by her father, Narayanasamy Mudaliyar till his death on 19.05.1982 and after his demise, the same have been in the joint possession of his legal heirs and which includes her.
4.The petitioner further submits that land acquisition proceedings was initiated in the said village by the State Government and by which, a notice, dated 07.08.1986 in No.JI/153/1980 was published by the Special Tahsildar (L.A.) 8 under Sections 9(3) and 10 of the Land Acquisition Act, 1894 (Central Act 64/68) with respect to their said land in Wet S.No.73/6B-acre 0.43 cents and other lands of respective land owners for public purposes, the same was dropped by the State Government for the reasons only known to them and subsequently, the lands which were affected by the said Notice have been promoted as house-sites and buildings as Lakshmi Amman Nagar by the respective owners.
5.According to the petitioner, she along with her mother, brothers and sisters as surviving legal heirs of their father, T.Narayanasamy Mudaliyar had partitioned the above lands by a Deed of Registered Partition dated 23.07.1993 and by which Wet S.No.144/3-acre 0.10 cents was alloted to her mother, T.Ranjithamammal as A-Schedule of property and Wet S.No.73/6B- acre 0.43 cents was partitioned by her and her brothers and sisters as 'B to H-Schedule of properties' by virtue of Sale Deed and as such H-Schedule of property to a total extent of 2670 sq.ft., was allotted to her and G-Schedule of property to a total extent of 2684 sq.ft., was alloted to her sister by virtue of Sale Deed.
6.The petitioner submits that she along with her brothers and sisters had jointly applied for Planning Permission/Lay-Out Approval with respect to their said land, bearing Wet S.No.73/6B-acre 0.43 cents as per the said Deed of partition dated 23.07.1993 for house-sites and which was sanctioned by the second respondent-Corporation of Chennai, dated 30.12.2004 Vide No.SD-D/1582/2004, as Plot Nos.1 to 7 as Visalachi 2nd Cross Street, Lakshmi Amman Nagar, comprised in S.No.73/6B of Erukkancherry Chennai - 600 118.
7.The petitioner further submits that after payment of entire charges for a sum of Rs.1,15,340/- (Rupees One Lakh, Fifteen Thousand, Three Hundred and Forty Only) to the second respondent - Chennai Corporation vide Receipt dated 27.12.2004