Madras High CourtWP/21921/2015disposed of

C.Bhaskaran v. The Sub Collector

2022-04-22Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.21921 to 21929 of 2015 and 215 of 2021 and W.M.P.No.12410/2017 in W.P.No.21924/2015 W.P.No.21921 of 2015:

C.Bhaskaran Petitioner in WP 21921/2015 C.Pattammal Petitioner in WP 21922/2015 N.Gnanasekar Petitioner in WP 21923/2015 P.Jeyaraj Petitioner in WP 21924/2015 B.Sheeba Tamilarasi Petitioner in WP 21925/2015 E.Thulasingam Petitioner in WP 21926/2015 G.Kuppammal@Velankanni Petitioner in WP 21927/2015 E.Rani Petitioner in WP 21928/2015 Mala Petitioner in WP 21929/2015 P.Jayaraj Petitioner in WP.No.215/2021 Vs.

1.The Sub Collector, Tiruvallur, 2.The Tahsildar, Poonamallee Taluk,

...Respondents in WP.No.21921/2015 to 21929/2015

1.The Chairman Tamilnadu State Bhoodan Board, Fort Saint George, Chennai - 600 009.

2.The Director, Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005 ...Respondents in WP.No.215/2021 PRAYER in WP's 21921 to 21929/2015: These Writ Petition filed

under Section 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent herein dated 24.6.2015 and made in Na.Ka.No.1089/2015/A2 confirming the order of the 2nd respondent dated Nil June 2013 and made in O.Mu.1454/2013/A2 and quash the same as illegal and without jurisdiction and further direct the 2nd respondent herein to grant patta in favour of the petitioner herein in respect of his lands situated in Old Survey No.10, Kattupakkam Village, Poonamallee Taluk, Tiruvallur District. PRAYER in 215/2021: Writ petition under section 226 of the Constitution of India, pleased to issue a writ of certiorarified mandamus or any other writ or appropriate order or direction, calling for the records of the 2nd Respondent by his Proceedings Na.Ka.No.K4/1410/2019(Poo.Vaa) dated 12.02.

2020 and quash the same as illegal and without jurisdiction and further to direct the 2nd Respondent to grant No Objection Certificate to the Petitioner for the lands situated in Survey No.10/1, at Kattupakkam Village, Poonamallee Taluk, Tiruvallur District, measuring an extent of 47 cents assigned to the Petitioner by the Tamil Nadu State Boodhan Board.

For Petitioner in all W.Ps :

Mr.G.Nagarajan For Respondents in all W.Ps.

Mr.R.P.Murgan Raja Government Advocate Common Order Since the issue arises in the present round of litigation are one and the same, this Court is inclined to take up these matter together and disposed of by this common order.

2. The case of the petitioners is that on an earlier occasion, the petitioners' fathers were assigned certain extents of land in Old S.F.No.10, Kattupakkam Village, Poonamallee Taluk, Tiruvallur District, vide Tamil Nadu Bhoodan Yagna Board under the Tamil Nadu Bhoodan Yagna Act, 1858 and the said lands were assigned to their fathers, since they were a poor landless farmers belonging to Adhi Dravida Community and after the lifetime of the petitioners' fathers, they were in absolute possession and cultivating the said lands. Thereafter, the petitioners have approached the Tahsildar (Land Survey), Poonamallee Taluk, to grant patta and effect the sub division, however their application was rejected and as against the same, the petitioners have filed necessary appeal before the Revenue Divisional Officer, Thiruvallur, to set aside the order of the

Tahsildar and to issue patta to their extent of lands. However, the said appeal was dismissed by the 1st respondent on a different ground that the petitioners have not produced No Objection Certificate from the Bhoodan Board for the grant of patta in their favour. Aggrieved by the same, the petitioners are before this Court.

3. The learned counsel appearing for the petitioners submitted that when the Sub Collector, Thiruvallur District, rejected the petitioners' application on the ground that the said land was classified as Bhoodan land and without obtaining No Objection Certificate from the Bhoodan Board, the question of making representations before the Tahsildar and the revenue officials for issuance of patta, does not arise, this Court may permit the petitioners to approach the Tamil Nadu Bhoodan Yagna Board for issuance of No Objection Certificate and thereafter, the petitioners may make further claim before the revenue officials for issuance of patta and prays for appropriate orders in that regard.

4. The learned Government Advocate has no serious objections for the said order being passed.

5. Considering the limited prayer sought for by the learned counsel appearing for the petitioners, this Court, without going into the merits of the case, permits the petitioners to approach the Tamil Nadu Bhoodan Yagna Board for issuance of No Objection Certificate and after obtaining NOC from the said Board, the petitioners are at liberty to make fresh application before the revenue officials for issuance of patta.

6. These Writ Petitions are disposed of with the above observations. No costs. Consequently connected miscellaneous petition is closed.

-s/dAssistant Registrar(CS-II) //True Copy// Sub-Assistant Registrar sk To 1.The Sub Collector, Tiruvallur,

2.The Tahsildar, Poonamallee Taluk, 3.The Chairman, Tamil Nadu State Bhoodan Board, Fort St George, Chennai - 600 009.

4.The Director, Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005.

+1cc to the Government Pleader, S.R.No.28369 W.P.Nos.21921 to 21929 of 2015 and AJS(CO) RN(12/05/2022)