The assignment of ryotwari patta for land classified as a water body is inherently illegal, as such classification is protected under the Tamil Nadu Estates Act, necessitating preservation over private claims.

Headnote:(A) Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Sections 3, 11, and 14-A - Writ petitions challenging the cancellation of ryotwari patta issued in 1978 - The assignment of patta for land categorized as a water body is illegal - The dominant purpose of preserving water bodies merits prioritizing over prior registrations - The inquiry into the land's classification was conducted lawfully, with opportunities afforded to all parties - There is no jurisdictional error in the cancellation of the patta. (Paras 6, 12, 30-34)

(B) Water Bodies - The protection of water bodies is mandated by law, with legislative provisions curtailing the grant of private rights over such lands - The court endorsed restoration of the water body to its original state, reflecting its public utility importance. (Paras 13, 35-48)

COMMON ORDER

(Order of this Court was made by G.ARUL MURUGAN, J.)

The above batch of Writ Petitions are filed challenging the order passed by the District Revenue Officer, Sivagangai District, vide proceedings, dated 26.09.2023, cancelling the ryotwari patta issued in favour of one K.S.D.Rajendran in S.No.1/6, Nelmudikarai Village, Thiruppuvanam Taluk, Sivagangai District.

2. Since the issues in all the Writ Petitions are similar, by consent of all the learned Counsels, the Writ Petitions are heard together and disposed of by this common order.

3. It is the case of the petitioners that the land in S.No.1/6 measuring an extent of 6.90 acres in Nelmudikarai Village, Thiruppuvanam Taluk, Sivagangai District, was originally in continuous possession and occupation of one K.S.D.Rajendran. In view of his possession and enjoyment, the Revenue Divisional Officer, vide proceedings, dated 13.04.1978, granted ryotwari patta in respect of S.No.1/2. However, subsequently, by an erratum issued on 13.03.1979, the survey number was changed from S.No. 1/2 to S.No.1/6. The ryotwari patta was issued in pursuant to the recommendation of the Special Tahsildar, Land Reforms. The land was converted from ‘River poramboke’ to ‘Assessed dry waste’ by proceedings of the Revenue Divisional Officer, dated 28.04.1978, thereby, the land in S.No.1/6 became patta land. All the revenue records including UDR and 'A' register, stood in the name of K.S.D.Rajendran.

4. K.S.D.Rajendran had sold the land measuring 6.90 acres in S.No. 1/6 in favour of one M/s.Seeni Naina Holding Private Limited through a registered sale deed, dated 09.05.2007. Pursuant to the purchase, the said Company had prepared a layout and obtained regularisation of the layout from the competent authority on 13.12.2017. Technical approval for construction was also accorded on 19.01.2018. Either in the unapproved layout or subsequent to regularisation, each of the Writ Petitioners herein have purchased their respective plots from out of the land in S.No.1/6.

5. Pursuant to purchase of the petitioners, their individual plots were sub divided and some petitioners have obtained planning permission for putting up constructions and some of them had also constructed their houses. Those, who had put up the constructions, had also obtained electricity service connections and are paying property tax.

6. While so, the Deputy Director of Town Planning, Sivagangai Region, by proceedings, dated 10.06.2019, cancelled the approval order, dated 13.12.2017 in view of the order of the District Collector, dated 07.06.2019. However, pursuant to the order passed by the Writ Court, dated 16.07.2021, in W.P.(MD)No.20975 of 2019, filed by the vendor of the petitioners, namely, M/s.Seeni Naina Holding Private Limited, the proceedings of Deputy Director of Town Planning, Sivagangai, were kept in abeyance till the enquiry is concluded and pursuant to the outcome of the enquiry, further proceedings could be taken. Thereafter, the District Revenue Officer by concluding the enquiry proceedings, by the impugned order, dated 26.09.2023, had set aside the order of the Revenue Divisional Officer, dated 13.04.1978, in issuing patta in favour of KS.D.Rajendarn for the land classified as “Vaigai River Government Poramboke” in the settlement 'A' register and further, directed the Tahsildar concerned to cancel the sub division made and the subsequent patta issued to the petitioners. The petitioners had challenged this impugned order in all the above Writ Petitions with separate consequential reliefs.

7. Mr.S.Srinivasa Raghavan, learned Counsel for the petitioner contended that a regular ryotwari patta has been issued in favour of K.S.D.Rajendran in the year 1978 by the competent authority and since the patta was granted after following the due process of law and the patta having became final, the respondents do not have any right to cancel the patta, that too after long lapse of time. He further contended that the decision of the Settlement Of

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2025 Supreme(Online)(Mad) 66544

The assignment of ryotwari patta for land classified as a water body is inherently illegal, as such classification is protected under the Tamil Nadu Estates Act, necessitating preservation over private claims.

Cases Referred (3)