Madras High Court
Appellants vs Unknown on 8 June, 2022
W.A.No.1131 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.06.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.A.No.1131 of 2022
and C.M.P.No.6973 of 2022
.. Appellants
vs
.. Respondents
Prayer: Petition filed under Clause 15 of the Letters Patent against the
order dated ... passed in .... on the file of this Court.
For the Appellants : Mr.
For the Respondents : Mr.
JUDGMENT
(Judgment of the Court was delivered by
the Hon'ble Chief Justice)
The writ appeal is directed against the judgment dated
20.12.2021 passed by the learned Single Judge dismissing the writ
___________
https://www.mhc.tn.gov.in/judis
W.A.No.1131 of 2022
petition preferred by the petitioner to challenge the order dated
12.02.2013 and further to seek a direction on the respondents to
grant patta for the land at Block 3, Pulliyur Village, Vadapalani,
Chennai.
2. The writ petition was filed stating that the appellants and
their predecessors owned building in the land comprised in
T.S.No.14, 15 and 16 situated at Block No.3, Pulliyur Village,
Egmore-Nungambakkam Taluk and are in possession and
enjoyment of the land. They constructed building over it but were
not granted ground rent pattas. A representation was thus made
on the Commissioner of Land Administration and on verification of
the revenue tax receipts and continuous possession, they wre
granted the ground rent pattas on 26.08.2004. Aggrieved by the
same, the Deputy Commissioner, HR and CE, filed an appeal on the
ground that the land belongs to the third respondent, that is, the
temple citing the proceedings of the Settlement Tahsildar III,
Chengalpet, dated 15.05.1971.
___________
https://www.mhc.tn.gov.in/judis
W.A.No.1131 of 2022
The appellants thereupon came to know that the enquiry for
the patta in the land was a suo motu enquiry and the scope of the
enquiry was to determine whether the appellants were entitled to
the ground rent pattas. It was also alleged that no material was
produced by the third respondent Temple to prove its ownership on
the land in question. The Settlement Officer, however, directed to
issue ground rent patta in favour of the third respondent on the sole
ground that the appellants had already been paying rent for the
land in question.
That apart, the contention was that inam grant was for pooja
services of the temple and since the inam is a service inam, the
poojari who has rendered service to the temple is entitled for grant
of patta and the third respondent is entirely different from the
service inam land. The temple authority failed to produce any
evidence to show that the temple in question and the third
respondent are one and the same and owns the title of the land.
The order under challenge should have been interfered by the
learned Single Judge.
___________
https://www.mhc.tn.gov.in/judis
W.A.No.1131 of 2022
The contention in reference to Section 13 (1) of the Abolition
Act and the law laid down in that regard was also referred by citing
the judgment of the Division Bench rendered in the case of
K.Vellappa Gounder vs. K.S.Thirugnanasambandam Chettiar,
reported in 1980 (93) LW 707.
On the aforesaid contentions, the learned Single Judge
analysed the issue and it was after taking into consideration the
counter filed by the respondents. Tto show that the preliminary
proceedings was taken out by the Government under the Tamil
Nadu Estate (Abolition and Conversion into Ryotwari) Act, 1948.
Since the subject lands were inam lands, the Ryotwari Settlement
was introduced under the provisions of Tamil Nadu Inam (Abolition
and Conversion into Ryotwari) Act of 1963. The Settlement
Tahsildar in his proceedings dated 15.05.1971 had allowed the
ground rent pattas in respect of the subject land under Section
13(1) of the ACt of 193 in favour of the third respondent. The
Settlement Tahsildar
___________
https://www.mhc.tn.gov.in/judis
W.A.No.1131 of 2022
(M.N.B., CJ.) (N.M., J.)
08.06.2022
Index : Yes/No
sra
To:
___________
https://www.mhc.tn.gov.in/judis
W.A.No.1131 of 2022
M.N.Bhandari, CJ.
and
N.Mala, J.
(sra)
W.A.No.1131 of 2022
08.06.2022
___________
https://www.mhc.tn.gov.in/judis
