E. Ramadoss v. The Assistant Settlement Officer(North)
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
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.
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
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
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 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.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 13.06.2023