E.Ramadoss vs The Assistant Settlement Officer ...
2023 Latest Caselaw 6120 Mad

                                                                         W.A.No.1167 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:   13.06.2023

                                                    CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                       AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                              W.A.No.1167 of 2023

                     1. E.Ramadoss
                        E.Ravi (deceased)

                     2. M.Kutty
                     3. E.Kannan
                     4. E.Karunakaran
                     5. Parvathi                                    ..    Appellants

                                                       Vs.

                     1. The Assistant Settlement Officer (North)
                        Office of the Principal Secretary
                        Commissioner of Land Survey and Settlement
                        Chepauk, Chennai 5.

                     2. The Tahsildar
                        Taluk Office, Ambattur
                        Tiruvallur District.                        ..    Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 22.09.2021 made in W.P.No.28179 of 2016.



                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                W.A.No.1167 of 2023



                                      For the Appellants       : Mr.S.Pushpakaran

                                      For the Respondents      : Mr.P.Muthukumar
                                                                 State Government Pleader
                                                                 Assisted by
                                                                 Mr.K.M.D.Muhilan
                                                                 Additional Government Pleader


                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.S.Pushpakaran, learned counsel for the

appellants and Mr.P.Muthukumar, learned State Government Pleader,

assisted by Mr.K.M.D.Muhilan, learned Additional Government

Pleader for the respondents.

2. The appellants assail the order passed by the learned Single

Judge dated 22.09.2021 thereby dismissing the writ petition filed by

the appellants.

3. Learned counsel for the appellants submits that the land

comprised in S.No.175/1 admeasuring to the extent of 25.30 acres

originally belonged to one Smt.Valliammal and she got patta in the

https://www.mhc.tn.gov.in/judis W.A.No.1167 of 2023

year 1926. Thereafter, Thiru.Rama Reddiar, father of the fifth

appellant got possession. After the demise of Rama Reddiar, the

appellants are in possession of the said property. The Tahsildar

issued patta in favour of the fifth appellant on 02.04.2001.

4. At one point of time, the property was classified as

Anadheenam. However, the ancestors of the appellants are in

possession and thereafter, the appellants. The said aspect has not

been considered by the learned Single Judge.

5. It would appear from the order of the learned Single Judge

that in the year 1951, the land was taken over by the Government

and classified as Anadheenam under Section 3 of the Tamil Nadu

Estates (Abolition and Conversion Into Ryotwari) Act, 1948. There

was no claim in respect of the subject property for all these years.

The learned Single Judge observed that the property was already

classified as Anadheenam and the claim is being made after lapse of

about 60 to 70 years. The learned Single Judge did not commit any

https://www.mhc.tn.gov.in/judis W.A.No.1167 of 2023

error while negativing the relief claimed by the petitioner.

6. The writ appeal, as such, is dismissed. There will be no

order as to costs. Consequently, CMP No.11873 of 2023.

                                                            (S.V.G., CJ.)            (P.D.A., J.)
                                                                            13.06.2023

                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     kpl


                     To

1. The Assistant Settlement Officer (North) Office of the Principal Secretary Commissioner of Land Survey and Settlement Chepauk, Chennai 5.

2. The Tahsildar Taluk Office, Ambattur Tiruvallur District.

https://www.mhc.tn.gov.in/judis W.A.No.1167 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl)

W.A.No.1167 of 2023

13.06.2023

https://www.mhc.tn.gov.in/judis