Madras High Court
Sunil Kumar vs The State Of Tamil Nadu on 15 September, 2022
W.P.No.6166 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.6166 of 2016
And
W.M.P.Nos.21858 and 5505 of 2016
Sunil Kumar ... Petitioner
Vs.
1.The State of Tamil Nadu
Rep. by the Secretary,
Revenue Department,
Secretariat,
St.Fort George,
Chennai.
2.The Additional Chief Secretary/ Commissioner,
Land Administration,
Chepauk,
Chennai.
3.The District Collector,
Kancheepuram,
Kancheepuram District.
4.The District Revenue Officer,
Kancheepuram,
Kancheepuram.
5.The Tahsildar,
Chengalpattu,
Kancheepuram District. ... Respondents
1/9
https://www.mhc.tn.gov.in/judis
W.P.No.6166 of 2016
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records in the
impugned proceeding passed by the second respondent in
Rc.No.F2/20347/2014 dated 27.01.2016, quash the same and
consequently direct the respondent to grant Patta to the petitioner on
payment of the sale consideration as determined by the respondents.
For Petitioner : Mr.K.Sridhar
for M/s.B.Rabu Manohar
For Respondents : Mr.S.Silambannan
Additional Advocate General
Assisted By
Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus calling for the records in the impugned
proceedings passed by the second respondent in Rc.No.F2/20347/
2014 dated 27.01.2016, quash the same and consequently direct the
respondent to grant patta to the petitioner on payment of the sale
consideration as determined by the respondents.
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W.P.No.6166 of 2016
2.The case of the petitioner is that the petitioner's father entered
into agreement of sale on 15.07.1995 with one Nagalakshmi to
purchase 5 acres of punja lands in S.No.96/21, Alapakkam Village
No.241, Chengalpattu Taluk, Kancheepuram District and due to non
performance of the said agreement, the petitioner's father filed
O.S.No.54 of 1997 before the learned Additional Sub – Judge,
Chengalpattu and the said suit was decreed in his favour on
31.07.1998.
3.The further case of the petitioner is that the petitioner's father
died on 05.07.1999. Since sale deed was not executed by the said
Nagalakshmi, the petitioner filed E.P.No.100 of 2021 and even
thereafter she did not execute the sale deed and hence, the Additional
Subordinate Court executed sale deed on 27.08.2022. Thereafter, the
petitioner made representation to the fifth respondent seeking
issuance of patta, however, his request was rejected stating that the
land was originally assigned to one Vijayaragam during the year 1970
and the assignment was cancelled during the year 1975 and
thereafter, the said Vijayaragam has sold the land to the said
Nagalakshmi during the year 1984. Since the assignment granted in
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W.P.No.6166 of 2016
favour of Vijayaragam was cancelled during the year 1975, the
petitioner's request was rejected.
4.The further case of the petitioner is that thereafter the
petitioner made representation to the respondents to assign the land
purchased in pursuance to the Court decree and since there was no
response, filed W.P.No.12475 of 2010 before this Court and this Court
vide order dated 13.07.2010 directed the fourth respondent therein to
pass order's on the petitioner's representation in the light of the
Revenue Standing Order 15 (25) and pursuant to the order of this
Court dated 13.07.2010, enquiry was conducted, however, the
petitioner's request was rejected. Aggrieved by the same, the
petitioner filed revision before the first respondent and the first
respondent vide proceedings dated 21.07.2014 forwarded the revision
to the second respondent and directed the second respondent to
dispose of the revision.
5.The further case of the petitioner is that since no orders were
passed on the revision, the petitioner filed W.P.No.7445 of 2015 before
this Court and pursuant to the order of this Court dated 17.03.2015,
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W.P.No.6166 of 2016
made in the said writ petition, the impugned order came to be passed
by the second respondent. Hence, this writ petition.
6.The learned counsel appearing for the petitioner submitted
that the impugned order was issued on the ground that the
assignment granted in favour of Vijayaragam, petitioner's father's
vendor was cancelled during the year 1975 and subsequently, the
same has been classified as Government poromboke, which is not
sustainable one. The learned counsel further submitted that this Court
in a catena of judgments has held that once assignment is granted,
that cannot be cancelled beyond the period of three years. In the
present case, the land was assigned to one Vijayaragam during the
year 1970 and the assignment was cancelled during the year 1975.
Hence, the same itself is null and void.
7.In support of his contentions, the learned counsel appearing
for the petitioner relied upon the decision of the Hon'ble Division Bench
of this Court reported in 2019 SCC OnLine Mad 28114 (District
Collector and others Vs. Elango); the decision of this Court reported in
MANU/TN/0995/2005 (N.Padmanathan Vs. The District Revenue
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W.P.No.6166 of 2016
Officer and others) and the decision of this Court made in the case of
Seriya Pushpam rep. by her Power of Attorney M.Jayakumar Vs. The
Special Commissioner and Commissioner for Land Administration,
Chennai (W.P.No.11836 of 2010 dated 17.03.2021).
8.Heard the arguments advanced on either side and perused the
materials available on record.
9.The facts in the present case is not in dispute. Admittedly, the
petitioner's father entered into agreement of sale on 15.07.1995 with
one Nagalakshmi to purchase 5 acres of punja lands in S.No.96/21,
Alapakkam Village No.241, Chengalpattu Taluk, Kancheepuram District
and due to non performance of the said agreement, the petitioner's
father filed O.S.No.54 of 1997 before the learned Additional Sub –
Judge, Chengalpattu and the said suit was decreed in his favour on
31.07.1998. The petitioner's father died on 05.07.1999. Since sale
deed was not executed by the said Nagalakshmi, the petitioner filed
E.P.No.100 of 2021 and even thereafter she did not execute the sale
deed and hence, the Additional Subordinate Court executed sale deed
on 27.08.2022.
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W.P.No.6166 of 2016
10.Thereafter, the petitioner made representation to the fifth
respondent seeking issuance of patta, however, his request was
rejected stating that the land was originally assigned to one
Vijayaragam during the year 1970 and the assignment was cancelled
during the year 1975 and thereafter, the said Vijayaragam has sold
the land to the said Nagalakshmi during the year 1984. Since the
assignment granted in favour of Vijayaragam was cancelled during the
year 1975, the petitioner's request was rejected.
11.The cancellation of assignment was not challenged by the
said Vijayaragam or by the subsequent purchasers. Hence, making
application for issuance of patta is not sustainable one.
12.The decisions relied upon by the learned counsel appearing
for the petitioner is not relevant to the facts in the present case since
the issue involved in those decisions is cancellation of assignment,
whereas, the issue involved in the present case is rejection of the
petitioner's request for issuance of patta.
13.In view of all the above, this writ petition is dismissed.
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W.P.No.6166 of 2016
However, liberty is granted to the petitioner to challenge the order of
cancellation of assignment in the manner known to law. No costs.
Consequently, the connected miscellaneous petitions are closed.
15.09.2022
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Secretary,
Revenue Department,
Secretariat,
St.Fort George,
Chennai.
2.The Additional Chief Secretary/ Commissioner,
Land Administration,
Chepauk,
Chennai.
3.The District Collector,
Kancheepuram,
Kancheepuram District.
4.The District Revenue Officer,
Kancheepuram,
Kancheepuram.
5.The Tahsildar,
Chengalpattu,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.6166 of 2016
M.DHANDAPANI,J.
pri
W.P.No.6166 of 2016
And
W.M.P.Nos.21858
and 5505 of 2016
15.09.2022
https://www.mhc.tn.gov.in/judis
