Madras High Court
Tamilselvi R vs The Tahsildar on 22 June, 2022
W.P.No.14287 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.14287 of 2022
1. Tamilselvi R
2. Malathi R
3. Priya R
4. Nagarajan R ... Petitioners
Vs.
The Tahsildar,
Madhavaram Taluk Office,
Madhavaram, Chennai. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus directing the respondent to issue joint
patta in favour of the petitioners viz. 1. Tamilselvi R, 2. Malathi R, 3. Priya
R, 4. Nagarajan R in respect of the property measuring an extent of 1 acre
comprised in Manavari Punja S.No.67/1, both under old Patta No.7, New
Patta No.1 issued in favour of Sithi Puthi Vinayagar Temple situated in Old
No.63, New No.56, Kadirvedu Village, Saidapet Taluk, then Chengai Anna
District within the jurisdiction of Kadirvedu Panchayat on the basis of the
representation made by the petitioners dated 05.10.2021.
1
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W.P.No.14287 of 2022
For Petitioners : Mr.B.Govindaprabu
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus to direct the respondent to issue joint patta in favour of the
petitioners viz. 1. Tamilselvi R, 2. Malathi R, 3. Priya R, 4. Nagarajan R in
respect of the property measuring an extent of 1 acre comprised in Manavari
Punja S.No.67/1, both under old Patta No.7, New Patta No.1 issued in
favour of Sithi Puthi Vinayagar Temple situated in Old No.63, New No.56,
Kadirvedu Village, Saidapet Taluk, then Chengai Anna District within the
jurisdiction of Kadirvedu Panchayat on the basis of the representation made
by the petitioners dated 05.10.2021.
2. The case of the petitioners is that the property measuring an extent
of 2.14 acres comprised in Manavari Punja S.No.67/1, under old Patta No.7,
New Patta No.1, issued in favour of Sithi Puthi Vinayagar Temple, situated
in Old No.63, New No.56, Kadirvedu Villlage, Saidapet Taluk, Chengai
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W.P.No.14287 of 2022
Anna District within the jurisdiction of Kadirvedu Panchayat, was
purchased by petitioners’ father V.Radhakrishnan under a Registered Sale
Deed, dated 12.03.1990, vide Document No.1760 of 1990 from one
R.R.S.Ekambara Chettiar and others. Thereafter, the petitioners have
obtained Joint Patta along with their mother vide Patta No.4076 in respect
of 1 acre out of 2.14 acres. During the life time of the petitioners’ father, he
sold 1 acre to some third party and retained 1.14 acres in his name. After the
demise of the petitioners’ father, the petitioners are the surviving legal heirs
to succeed his estate of 1.14 acres of land. Further, land acquisition
proceedings were initiated under the Land Acquisition Act, 1894
(hereinafter referred to as “the Act”) for the development of a proposed
canal by name Madhavaram Left Flank Water Surplus Course. The actual
land acquisition proceedings commenced with issuance of Notification
under Section 4(1) of the Act on 02.02.2005 and subsequently the award
was passed on 30.11.2006. Challenging the said land acquisition
proceedings, the petitioners filed Writ Petition and the same was dismissed,
against which, the petitioners preferred an appeal along with other land
owners in Civil Appeal Nos.8700, 8701, 8702, 8703, 8704 of 2013, and
vide judgment dated 10.09.2014, the Hon'ble Apex Court quashed the entire
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W.P.No.14287 of 2022
land acquisition proceedings. However, after passing the award, the
Revenue Records were mutated in favour of the Government. In order to
rectify the error in the Revenue Records and to issue joint patta in favour of
the petitioners, the petitioners made representation dated 05.10.2021 before
the respondent. However, till date no order has been passed, and, therefore,
the petitioners have filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ
Petition, the learned counsel for the petitioners submitted that, it would
suffice, if this Court issues direction to the respondent to consider the
petitioners’ representation dated 05.10.2021 and pass orders within a
particular time frame stipulated by this Court.
4. The learned Special Government Pleader appearing for the
respondent submitted that admittedly the petitioners’ land was acquired for
the public purposes and the petitioners had also received compensation of
Rs.7,02,314/- vide Cheque No.477101 dated 15.06.2005. However, the said
compensation amount was not returned to the respondent, though the
scheme was quashed by the Apex Court. Hence, the patta was not mutated
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W.P.No.14287 of 2022
in favour of the petitioners. He further submits that on the petitioners
repaying the compensation received along with interest, necessary orders
carrying out mutation of Revenue Records will be made.
5. Heard the learned counsel for the petitioner as well as the
learned Special Government Pleader appearing for the respondent and
perused the materials available on record.
6. A perusal of the materials available on record reveal that
pursuant to the land acquisition proceedings, which was assailed before this
Court and, thereafter before the Hon'ble Supreme Court, vide order in
C.A.Nos.8701 to 8704/2013, the Hon'ble Apex Court had quashed the
acquisition proceedings. However, in the interregnum, the petitioners,
pursuant to the award were paid compensation and Revenue Records were
mutated. Therefore, without the petitioners repaying back the compensation
amount along with interest, no relief can be granted to the petitioners for
mutation of Revenue Records. It is also not disputed by the petitioners that
they have not re-paid the compensation amount. This Court is of the
considered view that the petitioners should be directed to repay the
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W.P.No.14287 of 2022
compensation amount of Rs.7,02,314/- along with interest.
7. Accordingly, the compensation amount of Rs.7,02,314/-
shall be returned along with interest at 6% per annum from 15.06.2005 till
the date of payment and the said payment shall be made within a period of
twelve weeks from the date of receipt of a copy of this order and upon
receipt of the said payment, the respondent is directed to mutate the
Revenue Records with the name of the petitioners within a period of four
weeks thereafter.
8. This Writ Petition is disposed of with the aforesaid direction.
There shall be no order as to costs.
22.06.2022
Index : Yes / No
Speaking Order: Yes/No
jd
To
The Tahsildar,
Madhavaram Taluk Office,
Madhavaram, Chennai.
`
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W.P.No.14287 of 2022
M.DHANDAPANI,J.
jd
W.P.No.14287 of 2022
22.06.2022
https://www.mhc.tn.gov.in/judis
