Madras High Court
Vasuki vs The Government Of Tamil Nadu on 22 June, 2022
W.P.(MD)Nos.3751 to 3756 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)Nos.3751 to 3756 of 2012
and
M.P(MD)Nos.1,1,1,1,1 and 1of 2012
R.Rajendran (Died)
Vasuki ... Petitioner
(Petitioner substituted as legal heir vide Court
order, dated 16.06.2022 in W.M.P(MD)No.2525 of
2017 in W.P(MD)No.3751 of 2017)
Vs.
1.The Government of Tamil Nadu,
Represented by the Principal Secretary,
Department of Revenue Administration,
Fort St.George,
Chennai.
2.The Settlement Officer,
O/o, Commissioner of Land Survey and Settlement,
Chepauk, Chennai-5.
3.The Assistant Settlement Officer,
O/o, Commissioner of Land Survey and Settlement,
Chepauk, Chennai-5.
1/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.3751 to 3756 of 2012
4.The Chairman,
Tamil Nadu Housing Board,
Nandanam, Anna Salai,
Chennai. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to the Impugned order in
O.Mu.E1/855/2012 dated 24.01.2012 on the file of the Respondent No.2
and quash the same as illegal and consequently direct the respondent No.
2 to provide patta in the name of the petitioner for the 1/6th of the total
extent of 6.50 acres of land situated in survey No. 310/1 in Navalpattu
Village, Thiruvarambur Taluk, Trichy District.
For Petitioner : Mr.S.Vasanth
for Mr.T.Lajapathi Roy
For Respondents : Mr.N.Muthu Vijayan
Special Government Pleader
for R1 to R3
Mr.M.Suresh
for R4
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.3751 to 3756 of 2012
COMMON ORDER
These petitions have been filed challenging an order passed by
the second respondent herein, under which the request of the petitioners
for grant of settlement of patta under Tamil Nadu Estates (Abolition and
Conversion into Ryotwari) Act 26 of 1948 (herein after referred as Tamil
Nadu Act 26 of 1948) was rejected. The said rejection order has been
passed on the ground that after 20.08.1987, the Settlement Officer do not
have any jurisdiction to entertain such application.
2. The learned counsel for the petitioners submitted that in
view of the G.O.Ms.No.1300, dated 30.04.1971, they are entitled to
approach the Revenue Department for grant of patta and hence, they
have made an application to the revenue authorities on 22.12.2008.
According to the learned counsel for the petitioners, even if the second
respondent has no jurisdiction to consider the request of the petitioner for
grant of patta, the revenue authorities may be directed to consider their
request for patta under G.O.Ms.No.1300, dated 30.04.1971.
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W.P.(MD)Nos.3751 to 3756 of 2012
3. Per contra, the learned Special Government Pleader
appearing for the official respondents had contended that the petitioners
had filed O.S.No.292 of 1985 before the Subcourt, Trichirappalli seeking
a decree for declaration that they are entitled to a decree for declaration
that they are in possession of the disputed properties and sought for
consequential decree for permanent injunction. The trial Court granted a
decree as prayed for. The learned first additional District Judge,
Trichirappalli has confirmed the decree with regard to permanent
injunction, but dismissed the suit with regard to the prayer for declaration
of title. Challenging the disallowed portion, the plaintiffs had filed
S.A.No.1907 of 1991 before the High Court of Madras. The High Court
of Madras by judgment and decree, dated 20.03.2003 has confirmed the
dismissal of the suit with regard to the prayer for declaration of titile.
4. The learned Special Government Pleader appearing for the
official respondents had further contended that the ancestors of the
petitioners herein had already filed an application seeking grant of patta
under Tamil Nadu Act 26 of 1948 and the same was rejected on
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W.P.(MD)Nos.3751 to 3756 of 2012
03.09.1976. Hence, the successors in title would not be entitled to file
another application invoking G.O.Ms.No.1300, dated 30.04.1971. He
further contended that after 20.08.1987, the second respondent office do
not have any jurisdiction, whatsoever to entertain any application for
grant of patta under Tamil Nadu Act 26 of 1948. Hence, he prayed for
dismissal of the writ petition.
5. I have carefully considered the submissions made on either
side.
6. Admittedly, the petitioners' ancestors in title had applied for
grant of patta under Tamil Nadu Act 26 of 1948 and the same was
rejected on 03.09.1976. A second attempt made by the petitioners'
ancestors by way of civil suit which was also partly successful with
regard to a decree for permanent injunction. Not being satisfied with the
same, the petitioners have again made the third attempt before the second
respondent herein seeking patta under Tamil Nadu Act 26 of 1948.
However, as rightly pointed out in the impugned order, the second
respondent office will not have any jurisdiction, whatsoever to entertain
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W.P.(MD)Nos.3751 to 3756 of 2012
any application after 20.08.2987 for grant of patta. Hence, I do not find
any illegality or infirmity in the order passed by the second respondent
herein in refusing to entertain an application filed by the petitioners
herein for grant of patta under Tamil Nadu Act 26 of 1948.
7. The learned counsel for the petitioners had pointed out that
the Government has passed a G.O.Ms.No.1300, dated 30.04.1971 and
contended that the petitioners are also entitled to approach the revenue
authorities for grant of patta.
8. A careful perusal of the said Government Order indicates
that any person, whose applications have been rejected underTamil Nadu
Act 26 of 1948 can also apply afresh under G.O.Ms.No.1300, if such
presons have been in continuous possession and enjoyment of the land.
In the present case, admittedly the first attempt made by the ancestors in
title of the petitioners has been rejected on 03.09.1976. However, the
learned counsel for the petitioners contended that still they are in
continuous possession and enjoyment of the disputed properties. The
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W.P.(MD)Nos.3751 to 3756 of 2012
decree for permanent injunction in favour of the petitioner confirms their
possession. In such an event, the petitioners would be entitled to invoke
the jurisdiction of the revenue authorities under the above said
Government Order.
9. According to the learned counsel for the petitioners, they
have presented an application on 22.12.2008 before Revenue Divisional
Officer, Tiruchirapalli for grant of patta invoking G.O.Ms.No.1300,
dated 30.04.1971. A report has also been forwarded by the Tahsildar to
Revenue Divisional Officer. Thereafter, the said application has been
forwarded by Revenue Divisional Officer to District Collector. However,
the application is still pending and no orders have been passed. While
confirming the impugned order, this Court is inclined to pass following
orders:
The Revenue Divisional Officer, Trichirappalli
is hereby directed to consider the application made by the
writ petitioners on 22.12.2008 in the light of G.O.Ms.No.
1300, dated 30.04.1971 and the subsequent Government
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W.P.(MD)Nos.3751 to 3756 of 2012
Orders covering the said issue as expeditiously as
possible.
10. All the Writ Petitions are disposed of on the above said
terms. No costs. Consequently, connected Miscellaneous Petitions are
closed.
22.06.2022
Index : Yes / No
Internet : Yes / No
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To
1.The Principal Secretary,
The Government of Tamil Nadu,
Department of Revenue Administration,
Fort St.George,
Chennai.
2.The Settlement Officer,
O/o, Commissioner of Land Survey and Settlement,
Chepauk, Chennai-5.
3.The Assistant Settlement Officer,
O/o, Commissioner of Land Survey and Settlement,
Chepauk, Chennai-5.
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W.P.(MD)Nos.3751 to 3756 of 2012
4.The Chairman,
Tamil Nadu Housing Board,
Nandanam, Anna Salai,
Chennai.
5.The Revenue Divisional Officer,
Tiruchirapalli.
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W.P.(MD)Nos.3751 to 3756 of 2012
R.VIJAYAKUMAR ,J.
gbg
Order made in
W.P.(MD).Nos.3751 to 3756 of 2012
22.06.2022
https://www.mhc.tn.gov.in/judis
