Judicial decisions establish that the civil court maintains jurisdiction over land title disputes despite statutory provisions limiting appeals, emphasizing adherence to principles of natural justice in administrative actions.

Headnote:(A) Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act, 1948 - Section 64-C - Cancellation of joint patta and permission to enter land granted to Tamil Nadu Slum Clearance Board - Petitioners alleged violation of natural justice as they were not given notice/oppurtunity before the patta cancellation - Writ petitions and civil revision petitions concerning the jurisdiction of civil courts to adjudicate the nature of land ownership; civil court's jurisdiction not ousted by Section 64-C as reiterated in relevant Supreme Court decisions. (Paras 1-3, 14-16, 75-78)

Facts of the case:
Petitioners sought redress against unauthorized claims over lands identified as 'Anadheenam Lands' and challenged the impugned orders of the District Collector and the Tamil Nadu Slum Clearance Board regarding the cancellation of their joint patta and entry permissions for construction. (Paras 3-8, 10-12)

Findings of Court:
The court ruled that the petitioners' claims to the land, alongside their predecessors' rights, merit judicial consideration; the impugned orders were arbitrary and violated principles of natural justice. (Paras 75-78)

Issues: Whether the civil court has jurisdiction to adjudicate the classification of land under the Act and if failure to provide notice to the petitioners before cancelling the patta constitutes a violation of natural justice. (Paras 14-16)

Ratio Decidendi: The findings reinforced that the civil court retains power over disputes involving land title under the Act; the statutory provisions do not completely eliminate such jurisdiction; failure to observe procedural fairness necessitates quashing of the impugned orders. (Paras 14-16)

Result: Writ and civil revision petitions dismissed with directions for further adjudication of suits in trial court, restraining Board from proceeding with land usage until resolution. (Paras 77-78)

COMMON ORDER

Since the factual matrix surrounding all the petitions are common one and the petitions are the off-shoot of the act of the Revenue Divisional Officer in directing cancellation of the joint patta and the subsequent act of the District Collector in granting enter upon permission to the Board and also the act of the Board in entering upon the lands and indulging in developmental/construction activity, all the petitions are taken up together compositely and disposed of by this common order.

2. For the sake of convenience, the petitioners in the writ petitions and civil revision petitions will be referred to as petitioners and revision petitioners and the respondents in the said petitions will be referred to by their designation.

3. The lands, which are the subject matter of dispute, which are alleged to belong to the private parties, who are the petitioners in W.P. Nos.4339/15, 19401/20 and 15940/20 having sought to be taken over by the Tamil Nadu Slum Clearance Board (for short ‘the Board’) without following the due process of law under the pretext of the said lands being ‘Anadheenam Lands’ for which suits have been filed in O.S. Nos. 33 of 2019, 126 of 2019 an 756 of 2018 by the respective plaintiffs/petitioners herein, has culminated into the filing of the respective writ petitions and civil revision petitions.

4. While W.P. No.4339 of 2015 has been filed assailing the cancellation of the joint patta granted to the petitioners and seeking quashment of the same, W.P. No.19401/20 has been filed by the very same petitioners, putting in issue the consequential order passed by the District Collector, Tiruvallur, in and by which permission to enter upon the lands, including the lands of the petitioners have been granted to the Board and prayer has been made to forbear the Board from entering into the said lands of the petitioners and also for delivery of possession of lands to the petitioners.

5. W.P. No.15940 of 2020 has been filed by the petitioner to forbear the Board from entering into the petitioner’s lands and doing any construction/developmental activity pending adjudication of the suit in O.S. No.33 of 2018 on the file of the 1^st Addl. District & Sessions Judge, Tiruvallur and also without following the due process of law.

6. C.R.P. Nos.1682 to 1684 of 2020 have been filed by the Board to strike out the plaint filed in O.S. Nos.33 of 2019, 126 of 2019 an 756 of 2018 on the file of the Principal District Judge, Thiruvallur and Subordinate Judge, Poonamallee respectively.

7. Vast extent of lands in and around the subject lands were held by different individuals, who had sold the same during the period 1945 and 1948 to certain other persons, which were then alienated by way of sale to one M/s.Noombal Farms Ltd. In turn, the said company alienated the same by way of sale to one E.Shanmuga Nayakar and upon his death, the lands stood vested in his legal heirs, who had, thereafter, sold portion of the land in Survey No.22/1 to an extent of 40 cents in favour of the petitioners in W.P. No.15940/20 and an extent of 38 cents in favour of the petitioners in W.P. No.19401/20 through registered sale deeds, which have been registered at the office of the Sub Registrar, Kundrathur and the said sale had taken place in the year 2007 and 1995 respectively. It is the further case of the petitioners that initially the lands carried the old Survey No.105/16, which was thereafter renumbered as T.S. Survey No.22/2, which were purchased by the petitioners.

8. It is the further case of the petitioners that on coming to know that the classification of the lands have been shown as ‘Anaadheenam Lands’ in the ‘A’ Register, the petitioners approached the competent authority for cancelling the existing entry in the said Register and to grant patta in favour of the petitioners. It is also the further case of the petitioners in W.P. No.19401/20 that representation was given to the Department of Land Administration calling upon them to disclose the reco

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2022 Supreme(Online)(Mad) 47145

Judicial decisions establish that the civil court maintains jurisdiction over land title disputes despite statutory provisions limiting appeals, emphasizing adherence to principles of natural justice in administrative actions.

Cases Referred (4)