Madras High Court
K.Easwaramoorthy vs The Tahsildar on 27 January, 2022
W.P.No.6597 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6597 of 2017
K.Easwaramoorthy .. Petitioner
..Vs..
The Tahsildar,
Taluk Office,
Palladam Taluk,
Tiruppur District. .. Respondent
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari Mandamus, calling for the records
relating to impugned letter dated 11.01.2017 passed in Na.Ka.4257/2016/A-2
on the file of the respondent herein, quash the same and consequently direct
the respondent herein to effect mutation in the revenue records and grant patta
to the petitioner by implementing the judgment and decree dated 28.11.2013
passed in O.S.No.14/2013 on the file of the District Munsif Court, Palladam.
For Petitioner : Mr.K.Govi Ganesan
For Respondent : Mr.V.Jeevagiridharan,
Additional Government Pleader.
ORDER
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W.P.No.6597 of 2017
This petition has been filed in the nature of Writ of a Certiorari
Mandamus, to call for the records relating to impugned letter dated
11.01.2017 passed in Na.Ka.No.4257/2016/A-2 on the file of the respondent
herein and quash the same and also consequently direct the respondent herein
to effect mutation in the Revenue Records and grant patta to the petitioner by
implementing the judgment and decree dated 28.11.2013 passed in
O.S.No.14 of 2013 on the file of the District Munsif Court, Palladam.
2. The case of the petitioner is that the land comprised in
S.F.Nos.31/1B, 1D, ad-measuring 5.94 acres situated at Mathapur Village,
Palladam, was purchased by the petitioner from one Ramasamy and others by
a registered Sale Deed dated 11.12.2006 and registered by Doc.No.13537 of
2006. The subject lands were originally an Inam land granted to Sri
Hanumantharaya Swami Temple at Mathapur Village, Palladam. After the
enactment of the Tamil Nadu Minor Inam (Abolition and Conversion into
Ryotwari Act, 1963, the Inam lands were abolished and Ryotwari pattas were
granted to the enjoyers and occupiers. The petitioner's predecessors in title
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W.P.No.6597 of 2017
failed to make claim before the Settlement Tahsildar and hence, the
Settlement Tahsildar declared the subject lands as “Tharisu” Land. However,
the possession and enjoyment of the subject lands, were continuously with
the petitioner's predecessors. Though a part of the Inam land was granted to
the Temple, the same was alienated long back and the “Kudiwaram” right
was enjoyed by the persons who occupied the subject lands. Therefore, the
subject properties were subjected to various transactions, such as, mortgage,
lease and sale. Accordingly, the said properties came into the family of the
Chinna Gounder. The said Chinna Gounder sold the subject lands to one
Ammasai Gounder on 02.07.1915 and in turn, he sold the subject lands in
favour of one Muthu Gounder on 09.01.1931. The said Muthu Gounder
executed a deed of “Sreedhana” on 06.03.1953 in favour of his four
daughters. So, the Settlement Tahsildhar had conducted suo motu enquiry
under the said Act to decide the grant of Ryotwari Patta and by order dated
16.11.1968 the Settlement Tahsildar granted patta to the predecessors of the
subject lands and also to the Temple. Aggrieved by the said order, an appeal
was preferred before the Tribunal in CMA.No.473 of 1968 and the order of
the Settlement Tahsildar dated 06.11.1968 was set aside by the Tribunal and
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W.P.No.6597 of 2017
the Settlement Tahsildar was directed to conduct fresh enquiry and pass
orders after giving an opportunity of hearing to the parties. In pursuant to the
said remand, the Settlement Tahsildar conducted enquiry and by order dated
15.05.1974, the claim of the Temple was rejected and Ryotwari Patta was
granted on the ground that the lands were ordered to be vested with the
Government and the Temple was not granted any land, since the Temple was
not in existence. Though the order was to the effect of vesting the subject
lands with the Government, the Government never took possession in respect
of the subject lands from the petitioner's predecessors. Hence, the petitioner
and his predecessors were in continuous possession and enjoyment of the
subject lands. The petitioner also filed a suit in O.S.No.14 of 2013 on the file
of the District Munsif Court, Palladam as against the District Collector,
Tiruppur and the respondent herein. The said suit was continuously contested
by the respondent and the District Collector and the suit was decreed in
favour of the petitioner, by judgment and decree dated 28.11.2013. It had
attained finality, since no appeal has been preferred even till today.
3. However, the petitioner's request for issuance of patta was rejected
for the reason that the Revenue Officials were directed to file an appeal as
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W.P.No.6597 of 2017
against the judgment and decree dated 28.11.2013 passed in O.S.No.14 of
2013 on the file of the District Munsif Court, Palladam.
4. A perusal of the counter affidavit filed by the respondent reveals
that an extent of 53.38 acres of land was granted as “Inam Devadayem” land
to Hanumatharayaswamy Temple at Mathapur Village, Palladam. After the
enactment of the Tamil Nadu Minor Inam (Abolition and Conversion into
Ryotwari Act, 1963, the Settlement Tahsildar, initiated suo motu proceedings
as provided under the said Act and purported to grant Ryotwari patta under
different survey numbers which are as follows:
Survey No. Extent Section under which
Ryotwari Patta granted
31/A 10.26
814/1 3.06 8(2)(1)(b) for third parties
854 9.30
31/B 23.23 8(2)(ii) in favour of the
814/2 3.06 Temple
5. In respect of the property comprised in SF.No.31/B measuring to an
extent of 23.23 acres, some persons preferred appeal before the Tribunal. It
was remanded for fresh disposal, in CMA.No.478 of 1969 dated 15.11.1972.
Thereafter, by order dated 15.5.1974, Ryotwari patta was granted to the
appellants as follows:-
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W.P.No.6597 of 2017
Survey No. Extent Section under which
Ryotwari patta granted
31/1B2 7.82 U/s.8(2)(1)(a) to one
Krishnasamy Gounder as
per the order in
CMA.No.441/69 dated
05.01.1971.
31/1B3 9.47 U/s.9(1) of the MI act to
one Palanisamy Chettiyar.
31/1B1 5.94 Vest with the Government
6. The said property namely, S.F.No.31/1B1 measuring to an extent of
5.94 acres, was declared as Government land under the Tamil Nadu Minor
Inam (Abolition and Conversion into Ryotwari Act, 1963. The petitioner filed
a suit for declaration of title in O.S.No.14 of 2013 on the file of the District
Munsif Court Palladam as against the respondent herein and the District
Collector, Tiruppur. The said suit was decreed as prayed for by judgment
and decree dated 28.11.2013 in O.S.No.14 of 2013. On the strength of the
said judgment and decree, the petitioner had given representation on
06.10.2016 for issuance of patta.
7.Thus it is clear that the petitioner was declared as in respect of the
property comprised in S.F.No.31/1B1 ad-measuring 5.94 acres. Admittedly
no appeal has been preferred even till today by the Revenue authorities as
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W.P.No.6597 of 2017
against the judgment and decree passed in O.S.No.14 of 2013 dated
28.11.2013. Therefore, the petitioner is entitled for patta for the subject
properties.
8.In view of the above facts and circumstances, impugned letter dated
11.01.2017 is set aside and accordingly, the writ petition stands allowed. No
costs. The respondent is directed to issue patta to the petitioner in respect of
S.F.No.31/1B1B, within a period of four weeks from the date of receipt of a
copy of this order, subject to the result of Appeal Suit if any preferred by the
Revenue Officials.
27.01.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
smv
G.K.ILANTHIRAIYAN, J.
smv
To,
The Tahsildar,
Taluk Office,
https://www.mhc.tn.gov.in/judis
W.P.No.6597 of 2017
Palladam Taluk,
Tiruppur District.
W.P.No.6597 of 2017
27.01.2022
https://www.mhc.tn.gov.in/judis
