Madras High Court
S.Shamala vs The Tahsildar on 12 November, 2024
Author: S.S.Sundar
Bench: S.S.Sundar
W.A.No.3059 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR
AND
THE HON'BLE Mr. JUSTICE P.DHANABAL
W.A.No.3059 of 2024
AND
C.M.P.No.23134 of 2024
S.Shamala .. Appellant
Vs.
1.The Tahsildar
Taluk Office
Vandavasi Taluk
Vandavasi 604 408
2.The Sub Registrar
Kilkodungalur
Tiruvannamalai District
3.The District Collector
Tiruvannamalai
(R3 suo motu impleaded as per order
dt.6.3.24 in W.P.No.2499 of 2024) .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the order
dated 11.03.2024 passed by the learned Single Judge in W.P.No.2499 of 2024.
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1/8
W.A.No.3059 of 2024
For Appellant : Mr.M.Muthappan
For Respondents : Mr.A.Selvendran
Special Government Pleader
JUDGMENT
(Delivered by S.S.SUNDAR, J.)
This writ appeal is directed against the order dated 11.03.2024 passed by
the learned Single Judge in W.P.No.2499 of 2024.
2. It is the case of the appellant that she purchased an extent of 1.21.5
hectares which is equivalent to 3 acres of land in survey No.10/1C in
Nelliyangulam Village, by a sale deed dated 24.11.2008. It is her further case
that she was also granted patta in respect of the said land by the revenue
officials. When the appellant wanted to sell the property, she found that the
documents cannot be registered, as the Revenue Department has entered this
land as panchami land, in respect of which, no transfer could take place. In
order to get NOC, the appellant submitted a representation before the Tahsildar.
3. It is seen that the Tahsildar, after enquiry, verified that the land was not
registered as panchami land either in the 'A' register before UDR or in the
village adangal. Even after field inspection by the Tahsildar, he found that the
survey field was not registered as panchami land and patta also had been given
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in favour of the persons belonging to other communities. The taluk RSLR
register also did not indicate classification as panchami land. However, the
Tahsildar found that in the depressed class land register maintained by the
Village Administrative Officer, after 2001, the subject land has been shown as
panchami land, as reflected from the records generated online. It is pertinent to
mention that, the Tahsildar himself has opined that the entry made online may
be a wrong entry, due to assessment of kist in respect of land in survey
No.10/1C. Even though the Tahsildar came to the conclusion that the entry in
online must be a wrong entry, he refused to give NOC by the order impugned in
the writ petition. It is relevant to extract the order of the Tahsildar dated
27.07.2023 :
“nkw;go bey;ypah';Fsk; e";ir rh;nt vz;.10_1C-1.21.5
bQf;nlh; MdJ jpUg;ngh+h; tl;lk;/ Vfhl;?h; fpuhkk;
jpUkjp.nrksh f.bg r';fh; vd;gtu; fPH;bfhL';fhYhh;
rhh;gjpthsh; mYtyfj;jpy; Mtz gjpt[ bra;a[k; bghUl;L
te;jthrp tl;lk;/ bey;ypah';Fsk; fpuhk e";ir rh;nt vz;.10_1C-
1.21.5 g";rkh; epyk; vd fPH;f;bfhL';fhY}h; rhh;gjpthsh; Mtz
gjpntl;oy; gjpthfpa[s;sjhy; nkw;go e";ir rh;nt vz;.10_1C-1.21.5
Mtz gjptpw;fhf jilapy;yh rhd;W nfhup fojk; tug;bgw;wij
bjhlu;e;J tprhuiz bra;ag;gl;lJ. nkw;go rh;nt vz;.10_1C-
1.21.5 bQf;nlh; epyj;ij r';fu; kidtp nrksh vd;gtu; Mtz
vz;.1781/2008-d; go fpiuak; bgw;W mDgtpj;J tUfpwhu;/
nkw;go rh;nt vz;.10_1C-1.21.5 bQf;nlh; epyk; jw;nghJ
bey;ypah';Fsk; gl;lh vz;.918y; 2022_0103_06_280294 ehs;
05.06.2022d; go gl;lh khw;wk; bra;ag;gl;L jdpg;gl;lhthf
cs;sJ. nkw;go rh;nt vz;.10_1C UDR, m gjpntL/ fzpzp m
gjpntl;oYk;/ UDRf;F Ke;ija m gjpntL kw;Wk; khtl;l
murpjHpYk; nkw;go rh;nt vz; tug;bgwtpy;iy kw;Wk; 1998
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kw;Wk; 1999 fpuhk ml';fspy; g";rkp epyk; vd gjpthftpy;iy.
nkYk; g[yj;jzpf;if bra;jjpy; 10_1C-1.21.5 cs;s
cl;gpupt[fspy; VJk; g";rkp epyk; vd gjpthftpy;iy kw;Wk; ,ju
tFg;gpdu;fSf;F gl;lh tH';fg;gl;Ls;sJ. tl;l RSLR
gjpntl;oYk; g";rkp epyk; vd gjpthftpy;iy. nkYk; 2001 Kjy;
fpuhk eph;thf mYtyuplk; guhkupf;fg;gLk; (DC Land) g";rkh; epy
gjpntl;oy; kl;Lk; g";rkp epyk; vd gjpthfpa[s;sJ. nkYk;
Md;iydpy; kl;Lk; g";rkp epyk; vd gjpthfpa[s;sJ. nkYk;
Md;iydpy; 10_1C jPh;it tpjpf;fg;gl;Ls;sjhy; nkw;go 10_1C-1.21.5
jtwhf gjpt[ bra;ag;gl;L ,Uf;fyhk; vd tprhuizapy;
bjhpatUfpwJ. nkw;go e";ir ru;nt vz;.10_1C-1.21.5f;F
jilapy;yhr; rhd;W tH';f ,ayhJ vdt[k;/ kDit
epuhfupf;fg;gLfpwJ vd;gij kDjhuUf;F bjhptpf;fg;gLfpwJ.”
4. When the above order was challenged before this Court, the learned
Single Judge came to the conclusion that the land is classified as depressed class
land and presumed that the assignment is in favour of depressed class persons.
Since the appellant is a non-depressed class, the learned Single Judge held that
the appellant cannot get the land from depressed class persons. The writ
petition was therefore dismissed by the learned Single Judge.
5. First of all, the learned Single Judge presumed that the land is a
depressed class land which is meant for assignment in favour of depressed class
persons. There is no record, except the register maintained by the Village
Administrative Office to show that the land is classified as panchami land. The
'A' register prepared before and after the UDR, admittedly did not indicate the
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classification of land as presumed. When the land is a patta land as per the
UDR records, unless it is proved by document that the land was originally
reserved or assigned in favour of depressed class persons, title as per revenue
records cannot be questioned.
6. In this case, admittedly, the revenue records stand in the name of the
appellant based on the previous sale deed. In the absence of any proof to show
that the land is reserved for assignment in favour of depressed class persons or it
had already been assigned in favour of depressed class, the appellant cannot be
prevented from selling his property. Merely an entry in the depressed class
register maintained by the Village Administrative Officer, without corroboration
by corresponding entry in revenue records, does not operate as a statutory bar
for the Tahsildar to refuse to give a certificate. A Village Administrative
Officer is not competent or authorised to prepare depressed class land Register
to show whether a land is meant for depressed class or it is a land which was
assigned in favour of depressed class.
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7. In the absence of any prior records and the candid admission by the
Tahsildar about the classification as private land in the 'A' register prepared
before and after the UDR, this Court is unable to sustain the order of the
Tahsildar as well as the findings of the learned Single Judge. Therefore, this
writ appeal stands allowed and the order of the learned Single Judge is set aside.
The 2nd respondent is directed to register the document without insisting NOC
from the Tahsildar, if the appellant produce patta and present the document in
accordance with Registration Rules. No costs. Connected C.M.P. is closed.
[S.S.S.R.,J.] [P.D.B., J.]
12.11.2024
Index : Yes/No
Neutral Citation : Yes/No
gya
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To
1.The Tahsildar
Taluk Office
Vandavasi Taluk
Vandavasi 604 408
2.The Sub Registrar
Kilkodungalur
Tiruvannamalai District
3.The District Collector
Tiruvannamalai
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S.S.SUNDAR, J.
AND
P.DHANABAL, J.
gya
12.11.2024
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