W.A.No.386 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.386 of 2018
S.Chellakannu Rowther ... Appellant
vs
1.The Secretary to Government,
Revenue Department,
Fort St. George,
Madras.
2.The Special Commissioner and
Commissioner,
Land Administration,
Chepauk, Chenai-5.
3.Tamil Nadu Minerals Limited,
rep. by its Chairman and Managing Director,
Chepauk, Chennai-5.
4.The Divisional Manager,
Tamil Nadu Minerals Limited,
No.52, Channels Road, Melur,
Madurai District. ... Respondents
Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act
against the order dated 29.08.2013 passed in W.P. No.34853 of 2007.
For Appellant : Mr.V.Raghavachari
For Respondents : Mr.V.Manoharan,
Additional Government Pleader
for R1, 2 and 4
Mrs.A.Sri Jayanthi for R3
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W.A.No.386 of 2018
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.] This writ appeal has been filed, challenging the order dated 29.08.2013 passed in W.P. No.34853 of 2007, wherein the learned Single Judge, while dismissing the above writ petition, has given liberty to the appellant to approach the Civil Court for appropriate relief. Aggrieved by the same, the appellant is before this Court.
2.Learned counsel appearing for the appellant submitted that since the land comprised in Survey No.702/1, situated at Seminipatti Hamlet, Kongampatti Village, Melur Taluk, Madurai District, belongs to the appellant's family, representations were made for grant of patta for the land based on the Board Proceeding No.212/71 dated 13.05.1971. After finding that the appellant was in possession and enjoyment of the above property, the Assistant Settlement Officer, by conducting inspection on the basis of the relevant records, had granted Inam Patta in the name of the appellant. Learned counsel for the appellant further submitted that as the Special Commissioner and Commissioner of Land Administration, Chennai had set aside the order, granting patta in favour of the appellant, the appellant was constrained to file a writ petition in W.P. No.10523 of 2007, wherein this Court directed the Government to take a suo motu revision and https://www.mhc.tn.gov.in/judis 2/6 W.A.No.386 of 2018 give reasonable opportunity to both parties and pass an appropriate order and based on the said direction issued by this Court, the Government had passed a final order under G.O. Ms. No.289, Revenue (SS.I-1) Department, dated 28.05.2007, whereby rejecting the claim of the appellant. Challenging the same, the appellant has come to this Court with the above writ petition.
3.Learned counsel for the appellant further submitted that when the appellant was in possession and enjoyment of the above property, without any proper evidence, the first respondent ought not to have cancelled the inam patta, granted in favour of the appellant by the Assistant Settlement Officer, since the same was not a subject matter before the Board of Revenue. When there is no provision, by which the Special Commissioner and Commissioner of Land Administration, Chennai, the second respondent herein, was empowered to exercise the suo motu power, the Government Order in G.O. Ms. No.289, Revenue (SS.I-1) Department, dated 28.05.2007 issued by the Secretary to Government, Revenue Department, the first respondent herein, whereby rejecting the claim of the appellant, is liable to be set aside. Since the learned Single Judge, without considering the facts that once the property falls within an Inam Villam, the jurisdiction is available to the Assistant Settlement Officer and the power of review https://www.mhc.tn.gov.in/judis 3/6 W.A.No.386 of 2018 was not available to the first respondent, has dismissed the writ petition filed by the appellant, the same is liable to be set aside by allowing this appeal.
4.Heard the parties on both sides.
5.It could be seen from records that since the village Semminipatti H/o.Kongampatti Village, Melur Taluk is a ryotwari village, resettlement was taken up in the year 1920. During resurvey and resettlement, the suit land covered in S.No.702/1, measuring an extent of 21.02 acres, situated at Simminipatti H/o.Kongampatti Village, Melut Taluk, was classified as Government Poramboke and even during UDR scheme, the above land was mentioned as Government Unassessed Waste, namely, Rakkayee hill and Malankudi Kulam.
6.Since no Settlement Authorities like Assistant Settlement Officer, Settlement Officer and Director of Survey and Settlement have powers or jurisdiction to enter into the land revenue administration of the above village, after the introduction of ryotwari settlement, the learned Single Judge has rightly observing that the Village was never notified as an estate village and the appellant was unable to produce https://www.mhc.tn.gov.in/judis 4/6 W.A.No.386 of 2018 any material to show that the notification was issued under the Tamil Nadu Estates' (Abolition and Conversion into Ryotwari) Act to take over the entire village including the land in question, dismissed the writ petition filed by the appellant. Therefore, the learned Single Judge, while dismissing the above writ petition, has granted liberty to the appellant to approach the Civil Court for appropriate relief, observing that the appellant could establish his title for the property independently, which in our considered opinion cannot be found fault with.
7. Accordingly, this writ appeal is dismissed. It is for the appellant to work out his remedy in the manner known to law in respect of his title and ownership of the land in question by approaching the Civil Court. No costs.
[T.R.,J.] [P.D.A.,J.]
09.09.2022
vga
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W.A.No.386 of 2018
T.RAJA,J.
AND
P.D.AUDIKESAVALU,J.
vga
To
1.The Secretary to Government,
Revenue Department,
Fort St. George,
Madras.
2.The Special Commissioner and
Commissioner,
Land Administration,
Chepauk, Chenai-5.
3.Tamil Nadu Minerals Limited,
rep. by its Chairman and Managing Director, Chepauk, Chennai-5.
4.The Divisional Manager, Tamil Nadu Minerals Limited, No.52, Channels Road, Melur, Madurai District.
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