Madras High Court
S.Chellakannu Rowther vs The Secretary To Government on 9 September, 2022
W.A.No.386 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.386 of 2018
S.Chellakannu Rowther ... Appellant
vs
1.The Secretary to Government,
Revenue Department,
Fort St. George,
Madras.
2.The Special Commissioner and
Commissioner,
Land Administration,
Chepauk, Chenai-5.
3.Tamil Nadu Minerals Limited,
rep. by its Chairman and Managing Director,
Chepauk, Chennai-5.
4.The Divisional Manager,
Tamil Nadu Minerals Limited,
No.52, Channels Road, Melur,
Madurai District. ... Respondents
Prayer: Writ Appeal filed under clause 15 of the Letters Patent Act
against the order dated 29.08.2013 passed in W.P. No.34853 of 2007.
For Appellant : Mr.V.Raghavachari
For Respondents : Mr.V.Manoharan,
Additional Government Pleader
for R1, 2 and 4
Mrs.A.Sri Jayanthi for R3
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W.A.No.386 of 2018
JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
This writ appeal has been filed, challenging the order dated
29.08.2013 passed in W.P. No.34853 of 2007, wherein the learned
Single Judge, while dismissing the above writ petition, has given
liberty to the appellant to approach the Civil Court for appropriate
relief. Aggrieved by the same, the appellant is before this Court.
2.Learned counsel appearing for the appellant submitted that
since the land comprised in Survey No.702/1, situated at Seminipatti
Hamlet, Kongampatti Village, Melur Taluk, Madurai District, belongs to
the appellant's family, representations were made for grant of patta
for the land based on the Board Proceeding No.212/71 dated
13.05.1971. After finding that the appellant was in possession and
enjoyment of the above property, the Assistant Settlement Officer, by
conducting inspection on the basis of the relevant records, had
granted Inam Patta in the name of the appellant. Learned counsel for
the appellant further submitted that as the Special Commissioner and
Commissioner of Land Administration, Chennai had set aside the
order, granting patta in favour of the appellant, the appellant was
constrained to file a writ petition in W.P. No.10523 of 2007, wherein
this Court directed the Government to take a suo motu revision and
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W.A.No.386 of 2018
give reasonable opportunity to both parties and pass an appropriate
order and based on the said direction issued by this Court, the
Government had passed a final order under G.O. Ms. No.289, Revenue
(SS.I-1) Department, dated 28.05.2007, whereby rejecting the claim
of the appellant. Challenging the same, the appellant has come to this
Court with the above writ petition.
3.Learned counsel for the appellant further submitted that when
the appellant was in possession and enjoyment of the above property,
without any proper evidence, the first respondent ought not to have
cancelled the inam patta, granted in favour of the appellant by the
Assistant Settlement Officer, since the same was not a subject matter
before the Board of Revenue. When there is no provision, by which the
Special Commissioner and Commissioner of Land Administration,
Chennai, the second respondent herein, was empowered to exercise
the suo motu power, the Government Order in G.O. Ms. No.289,
Revenue (SS.I-1) Department, dated 28.05.2007 issued by the
Secretary to Government, Revenue Department, the first respondent
herein, whereby rejecting the claim of the appellant, is liable to be set
aside. Since the learned Single Judge, without considering the facts
that once the property falls within an Inam Villam, the jurisdiction is
available to the Assistant Settlement Officer and the power of review
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W.A.No.386 of 2018
was not available to the first respondent, has dismissed the writ
petition filed by the appellant, the same is liable to be set aside by
allowing this appeal.
4.Heard the parties on both sides.
5.It could be seen from records that since the village
Semminipatti H/o.Kongampatti Village, Melur Taluk is a ryotwari
village, resettlement was taken up in the year 1920. During resurvey
and resettlement, the suit land covered in S.No.702/1, measuring an
extent of 21.02 acres, situated at Simminipatti H/o.Kongampatti
Village, Melut Taluk, was classified as Government Poramboke and
even during UDR scheme, the above land was mentioned as
Government Unassessed Waste, namely, Rakkayee hill and Malankudi
Kulam.
6.Since no Settlement Authorities like Assistant Settlement
Officer, Settlement Officer and Director of Survey and Settlement have
powers or jurisdiction to enter into the land revenue administration of
the above village, after the introduction of ryotwari settlement, the
learned Single Judge has rightly observing that the Village was never
notified as an estate village and the appellant was unable to produce
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W.A.No.386 of 2018
any material to show that the notification was issued under the Tamil
Nadu Estates' (Abolition and Conversion into Ryotwari) Act to take
over the entire village including the land in question, dismissed the
writ petition filed by the appellant. Therefore, the learned Single
Judge, while dismissing the above writ petition, has granted liberty to
the appellant to approach the Civil Court for appropriate relief,
observing that the appellant could establish his title for the property
independently, which in our considered opinion cannot be found fault
with.
7. Accordingly, this writ appeal is dismissed. It is for the
appellant to work out his remedy in the manner known to law in
respect of his title and ownership of the land in question by
approaching the Civil Court. No costs.
[T.R.,J.] [P.D.A.,J.]
09.09.2022
vga
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W.A.No.386 of 2018
T.RAJA,J.
AND
P.D.AUDIKESAVALU,J.
vga
To
1.The Secretary to Government,
Revenue Department,
Fort St. George,
Madras.
2.The Special Commissioner and
Commissioner,
Land Administration,
Chepauk, Chenai-5.
3.Tamil Nadu Minerals Limited,
rep. by its Chairman and Managing Director,
Chepauk, Chennai-5.
4.The Divisional Manager,
Tamil Nadu Minerals Limited,
No.52, Channels Road, Melur,
Madurai District.
W.A.No.386 of 2018
09.09.2022
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