SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(MAD) 12810

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2022 CORAM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.35303 of 2007 R.Jeyachandran ....Petitioner Vs.

1. The State of Tamil Nadu, Rep. By the Secretary to Government, Revenue Department, Fort St. George, Chennai – 9

2. The Special Commissioner, Commissioner of Land Administration, Chepauk, Chennai – 600 005

3. The Tahsildar, Tambaram Taluk, Tambaram ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records in R.Dis.(K1)/51535/2001 on the file of the Second respondent and issue a writ of certiorari or an other order in the nature of a writ or order and quash the order dated 20.12.2002 passed by the 2nd respondent.

For Petitioner : Mr.Manoj Sreevalsan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3

O R D E R

The petitioner in this writ petition challenges the proceedings of the 2nd respondent dated 20.12.2002.

2. The case of the petitioner is that he is the absolute owner of Plot No.11-A comprised in TS No.113 in S.No.84/2 measuring an extent of 2898 Sq.ft. This property was originally part of a larger extent of land measuring 87 cents. This property was sold to one Aranganathan through a registered sale deed dated 08.06.1972.

3. The above said Aranganathan was served with a notice dated 27.02.1973 by the Assistant Settlement Officer under Section 13(1) of Act 30 of 1963, calling upon the said Aranganathan to attend an enquiry for the issuance of Ryotwari patta. The enquiry was conducted for Survey No.84/2 along with other Survey numbers and orders were passed on 24.05.1973 by the Assistant Settlement Officer in respect of various survey numbers. However, insofar as Survey No.84/2 is concerned, it is mentioned in the order that separate orders will be issued.

4. In the meantime, the above said Aranganathan developed a layout after getting necessary sanction and the plots were sold to various persons. The petitioner purchased Plot No.11 A through a registered sale deed dated 05.09.1983.

5. The Assistant Settlement Officer, Thiruvannamalai, issued a notice under Act 30 of 1963 covering various town survey numbers which formed part of Survey No.84/2. An order was passed on 30.09.1988. In the said order, various properties were classified as house site poramboke. While undertaking this process, the property of the petitioner situated at TS No.113 was not added and in view of the same, the said order did not apply to the property belonging to the petitioner.

6. Various owners who were aggrieved by the order passed by the Assistant Settlement Officer, preferred an appeal before the Minor Abolition Tribunal, Chengalpattu. The Tribunal by an order dated 06.09.1993, allowed the appeals and remanded the matter back to the file of the Assistant Settlement Officer. The matter was once again taken up by the Assistant Settlement Officer, Thiruvannamalai and after due enquiry, he issued pattas to the plot owners under Section 8(1) of Act 30 of 1963 by order dated 30.06.1994. This order has become final and thus, the plot owners of TS Nos.96, 97, 98, 100, 101, 102, 114 and 115 have become the ryotwari patta holders with respect to their properties.

7. The plot belonging to the petitioner was not declared to be a house site poramboke and hence, he never had an opportunity to go before the Tribunal and file an appeal and therefore, when the matter was remanded back to the file of the Assistant Settlement Officer, there was no occasion for the Assistant Settlement Officer to go into the claim made by the petitioner with respect to his property. The petitioner was awaiting for a separate order to be passed with respect to his property, since such a finding was given by the Assistant Settlement Officer when previous orders were passed on

24.05.1973.

8. With the above background, the petitioner made a representation dated 20.01.2000 to the Special Commissioner and Commissioner of land administration seeking for the issuance of patta. This representation was forwarded to the Assistant Settlement Officer and the Assistant Settlement Officer in terms of the provisions of Act 30 of 1963 conducted an enquiry and on satisfying himself that the petitioner has made out a case, granted ryotwari patta in the name of the petitioner for the subject property through proceedings dated 19.07.2000.

9. The grievance of the petitioner is that he received a notice dated 29.07.2002 issued by the 2nd respondent calling upon the petitioner to give his objections for the proposed suo-motu revision against the order passed by the Assistant Settlement Officer on 19.07.2000. The petitioner gave his reply on 15.08.2002. The 2nd respondent proceeded to pass the impugned order dated 20.12.2002 cancelling the patta issued in favour of the petitioner by the Assistant Settlement Of

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top