IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN

WP.No.15720 of 2017

Krishnappa

...Petitioner

Vs

1. The District Collector,

Krishnagiri

2. The District Revenue Officer,

Office of the District Collectorate,

Krishnagiri District

3. The Sub Collector / Revenue Divisional Officer,

Hosur,

Krishnagiri District

4. The Tahsildar,

Taluk Office,

Hosur, Krishnagiri District

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the

Constitution of India praying to issue a Writ of Certiorarified

Mandamus calling for the records of the first respondent

relating to Pa.Mu.No.8791/2017/J2 dated 02.05.2017, quash the

same and consequently direct the respondents to issue patta to

the petitioner in respect of the land to an extent of 74 cents

in survey no.30/2, Kodiyalam Village, Hosur Taluk, Krishnagiri

District within the time to be stipulated by this Court.

For Petitioner

:

Mr.V.Ayyapparaja

For Respondents

:

Mr.A.M.Ayyadurai,

Government Advocate

ORDER

The writ petition is filed to issue a Writ of

Certiorarified Mandamus calling for the records of the first

respondent relating to Pa.Mu.No.8791/2017/J2 dated 02.05.2017,

quash the same and consequently direct the respondents to issue

https://hcservices.ecourts.gov.in/hcservices/

patta to the petitioner in respect of the land to an extent of

74 cents in survey no.30/2, Kodiyalam Village, Hosur Taluk,

Krishnagiri District within the time to be stipulated by this

Court.

2. The property comprised in survey No.30/2 to an extent

of 74 cents is classified as 'Karadu Poramboke' in the revenue

records adjoined with the petitioner's land comprised in survey

No.23/11, Kodiyalam Village, Hosur Taluk, Krishnagiri District.

The petitioner is in possession and enjoyment of the same. The

petitioner also filed suit in OS.No.129 of 2009 as against the

private parties on the file of the District Munsif Court, Hosur

for declaration and injunction and the same was decreed in his

favour by the judgment and decree dated 17.11.2009. Thereafter,

the petitioner applied for patta and no order had been passed.

Therefore, the petitioner approached this Court in WP.No.35849

of 2016 for direction and this Court by order dated 02.02.2017

directed the first respondent to consider the representation and

pass orders. While enquiry, the petitioner submitted all the

documents and stated that originally the property was purchased

by his ancestors by the registered sale deed dated 08.08.1895

registered vide document No.740 of 1895 in the Office of the Sub

Registrar, Hosur.

2.1 Under the Madras Inam Estates (Abolition and

Conversion into Ryotwari) Act, the petitioner's father

approached the Settlement Tahsildar and obtained patta in his

favour on 26.05.1971. On perusal of the order dated 26.05.1971,

revealed that the subject property have been conveyed through

documents and it has been under cultivation and enjoyment of the

petitioner's father. Therefore, under Section 11 of the Madras

Inam Estates (Abolition and Conversion into Ryotwari) Act, is

satisfied and in exercise of the powers delegated to the

Settlement Tahsildar under GO.No.403 (Rev) dated 15.02.1965, the

Settlement Tahsildar hold that the petitioner's father is

eligible for ryotwari patta in respect of the subject land.

However, the said land has been reclassified as Karadu

Poramboke. However, the first respondent without considering the

above facts and dismissed the request of the petitioner for the

reason that the Village Administrative Officer of the Kodiyalam

Village made statement that the subject land stood as 'tharisu'

in the village accounts. Further as per the Inam Abolition Act

26 of 1969 and Minor Inam Abolition Act, 30 of 1969 Section 11

(3) with Section 8(1) (i) as against the order passed by the

Assistant Settlement Officer within a pe