Madras High Court
India Forge & Drop Stampings ... vs The Special Tahsildar on 6 December, 2021
WP.No.1407 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.1407 of 2020 and
WMP.No.1658 of 2020
India Forge & Drop Stampings Limited,
rep. by its Authorized Signatory Mr.R.Subramaniam
having office at:
A1-J Industrial Complex,
Maraimalai Nagar 503 209,
Kancheepuram District, Tamilnadu ... Petitioner
Vs
The Special Tahsildar,
Urban Land Tax Scheme,
Ambattur Taluk, Ambattur ... Respondent
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
relating to the impugned order dated 30.10.2019 made in
Na.Ka.No.131/2019 on the file of the respondent herein and consequently,
direct the respondent to grant patta in favour of the petitioner company in
respect of lands comprised at Block No.83, TS.No.17/2, 17/3 and 17/4
admeasuring 1.428 acres at Ambattur Village.
For Petitioner : Mr.S.Rajasekar
1/10
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WP.No.1407 of 2020
For Respondent : Mr.P.Baladhandayutham,
Special Government Pleader
ORDER
The writ petition is filed to issue a Writ of Certiorarified
Mandamus calling for the records relating to the impugned order dated
30.10.2019 made in Na.Ka.No.131/2019 on the file of the respondent herein
and consequently direct the respondent to grant patta in favour of the
petitioner company in respect of lands comprised at Block No.83,
TS.Nos.17/2, 17/3 and 17/4 admeasuring 1.428 acres at Ambattur Village.
2. The case of the petitioner is that the Government of Tamilnadu
alloted plot No.6 (SP) at Ambattur Industrial Estate on assignment basis by
the deed of assignment dated 19.01.1963 registered vide document No.1227
of 1963 in the Office of the Sub Registrar, Ambattur admeasuring 10.44
acres comprised in survey Nos.397, 434, 435, 436, 416, 417, 398, 400, 408,
409 and 399 (hereinafter called as 'the subject land'). After assignment, the
subject land was transferred by the Government of Tamilnadu in favour of
the Tamilnadu Small Industries Development Corporation Limited
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WP.No.1407 of 2020
(hereinafter called as 'TANSIDCO') in the year 1998. Thereafter, the
TANSIDCO executed deed of conveyance in respect of the plot No.6 in
favour of the petitioner by the registered assignment to sale deed dated
24.11.1992 registered vide document No.9999 of 1992 in the Office of the
Sub Registrar, Ambattur. Thereafter, the petitioner Company applied for
grant of patta. The respondent issued patta for the land comprised in
TS.No.17/1 admeasuring 3 hectares 28 ares and 60 sq.m. and another land
in TS.No.17/5 admeasuring 36 ares and 32 sq.m., in all, admeasuring 9.012
acres. However, the patta was denied for the land comprised in TS.Nos.17/2,
17/3 and 17/4 lying in between TS.Nos.17/1 and 17/5 for the reason that the
said land is classified as 'vaaikal poramboke'.
3. The learned counsel for the petitioner would submit that the
petitioner company is the sole owner of the property bearing plot No.6
admeasuring 10.44 acres. In fact, the said property was allotted by the
Government of Tamilnadu and thereafter, the TANSIDCO executed sale
deed in favour of the petitioner. While town survey, the subject land has
been allotted TS.Nos.17/1, 17/2, 17/3, 17/4 and 17/5, in which the petitioner
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WP.No.1407 of 2020
was granted only patta in respect of TS.Nos.17/1 and 17/5. The respondent
by no stretch of imagination could now attempt to classify the said land as
'vaaikal poramboke'. The respondent has acted arbitrarily and without
application of mind, determined the subject land as 'vaaikal poramboke'. The
petitioner was originally allotted in the year 1963 and put up factory and it is
running there for the past several decades. He relied upon the judgment of
this Court in WP.No.24753 of 2015 dated 10.09.2012 wherein it is held that
the scheme is formulated by the Government and executed by the Tamil
Nadu Housing Board. A sale deed was executed in the year 1984 in
respect of the said property. The petitioner's settlement deeds were
executed in the years 2011 and 2012. Constructions have been put up
decades ago. The scheme consists of several properties. Thus, when once
the property becomes that of the Housing Board, being an instrumentality
of the State, from whom, a private individual has purchased, then it loses
the character of Government land. A mere indication in the revenue
records by itself cannot be a ground to non-suit the petitioner from getting
patta in view of the fact that she is a bonafide purchaser for valuable
consideration, when the first title holder, being the Tamil Nadu Housing
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WP.No.1407 of 2020
Board and it got the property from the Government, represented by its
Secretary to Housing and Urban Development Department. The petitioner
company is similarly placed, in view of the fact that the Government of
Tamilnadu through TANSIDCO has assigned the subject land to the
petitioner even in the year 1963 itself. Therefore, the impugned order is
contrary to the entire proceedings and is in violation of the rights guaranteed
to the petitioner company as enshrined under Article 300-A of the
Constitution of India.
4. The respondent filed counter and revealed that the subject land
comprised in survey Nos.17/2,17/3 and 17/4 classified as 'vaaikal
poramboke' and as such the petitioner is not entitled for patta. Further
revealed that on perusal of Town Survey Land Records would clearly show
that out of the five town survey numbers only two town survey numbers i.e.
17/1 and 17/5 have been classified as 'Ryotwari Punjai' and other three
survey fields classified as 'circar poramboke' and the usage of the said land is
furnished as 'vaikkal'. Therefore, they are not entitled for patta.
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WP.No.1407 of 2020
5. Heard, Mr.S.Rajasekar, the learned counsel for the petitioner,
and Mr.P.Baladhandayutham, Special Government Pleader appearing for the
respondent.
6. Admittedly, the petitioner was assigned lands comprised in
survey Nos.397, 434, 435, 436, 416, 417, 398, 400, 408, 409 and 399 by
the Government of Tamilnadu. Thereafter, the Government of Tamilnadu
transferred the lands in favour of the TANSIDCO in the year 1963 and
executed sale deed on 24.11.1992 in favour of the petitioner and registered
vide document No.9999 of 1992. The scheme is formulated by the
Government of Tamilnadu and allotted the subject land in favour of the
petitioner. Thereafter, sale deed was executed in favour of the petitioner on
24.11.1992. In fact, from the date of allotment i.e. 19.01.1963, the petitioner
is in possession and enjoyment of the entire property admeasuring 10.44
acres and constructed factory premises. Thus, when once the petitioner
becomes absolute owner of the said property, then it loses the character of
the Government land. Mere indication in the revenue records by itself cannot
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WP.No.1407 of 2020
be a ground to not-suit the petitioner company from getting patta in view of
the fact that the petitioner is a bonafide allottee and the sale deed also
executed in favour of the petitioner company. Therefore, the petitioner is
entitled for patta for the entire extent of the property. That apart, when the
petitioner was granted patta in respect of TS.Nos.17/1 and 17/5 in the same
extent of the property, they are also entitled for issuance of patta for the
remaining land, since it is a single plot No.6 and allotted in favour of the
petitioner company. Though the entire extent of the property comprised in
various survey numbers, it is a single plot and during Town Survey, was
allotted new town survey Nos.17/1, 17/2, 17/3, 17/4 and 17/5.
7. In view of the above, the impugned order cannot be sustained as
against the petitioner and the same is liable to be set aside. Accordingly, the
impugned order dated 30.10.2019 is set aside. The respondent is directed to
issue patta to the petitioner in respect of the lands comprised in
TS.Nos.17/2, 17/3 and 17/4 situated at Block No.83, admeasuring 1.428
acres at Ambattur Village within a period of four weeks from the date of
receipt of copy of this order.
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WP.No.1407 of 2020
8. With the above direction, this writ petition is allowed.
Consequently, connected miscellaneous petition is closed. No order as to
costs.
06.12.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
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WP.No.1407 of 2020
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WP.No.1407 of 2020
G.K.ILANTHIRAIYAN, J.
lok
To
The Special Tahsildar,
Urban Land Tax Scheme,
Ambattur Taluk, Ambattur
WP.No.1407 of 2020
06.12.2021
https://www.mhc.tn.gov.in/judis
