M.Lokesh v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15009 of 2014 and M.P.No.1 of 2014 M.Lokesh ... Petitioner vs.
1. The Principal Secretary Cum Commissioner for Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, Collectorate, Krishnagiri.
3. The Sub Collector, Hosur, Krishnagiri District.
4. The Tahsildar, Taluk Office, Hosur, Krishnagiri District.
5. The Asst. Land Tax Planning Officer, (South) Office of the Land Measurement and Land Tax Planning Commissioner, Chepauk, Chennai - 600 005.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings passed in Na.Ka.No.K1/18776/2013 dated 26.07.2013 on the file of the 1st respondent herein, quash the same and consequently, direct the respondents herein to consider the petitioner's application for cancelling the erroneous classification of his lands in S.F.No.106/1 and 106/2, situate
at Sokkarasanapalli Village, Hosur Taluk, Krishnagiri District, and issue Ryotwari Patta within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.P.Baladhandayutham Special Government Pleader
ORDER
This writ petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings passed in Na.Ka.No.K1/18776/2013 dated 26.07.2013 on the file of the 1st respondent herein, quash the same and consequently, direct the respondents herein to consider the petitioner's application for cancelling the erroneous classification of his lands in S.F.No.106/1 and 106/2, situated at Sokkarasanapalli Village, Hosur Taluk, Krishnagiri District, and issue Ryotwari Patta within a stipulated period.
2. The case of the petitioner is that the lands admeasuring 8.52 acres and 2.45 acres comprised in S.F.Nos.106/1 and 106/2 respectively situated at Sokkarasanapalli Village, Hosur Taluk, Krishnagiri District are in possession and enjoyment of the petitioner. During the year 1963, the Tamil Nadu Inam Estates (Abolition and Conversion in Ryotwari) Act, 1963 was notified in respect of the said Village. During the enforcement of the said Act, the land tax plan was implemented. However, without issuing any notice to the petitioner's grandfather or petitioner's father, then Land Tax Planning Officer erroneously classified the subject lands as 'Meichal Tharai'. Therefore, the petitioner applied for patta before the 5th respondent. By the Communication dated 23.05.
2013, the said request was rejected by the 5th respondent for the reason that the entire records have been handed over to the District Administration and the said application was belatedly filed. Thereafter, he sent another representation to the 1st to 4th respondent herein reiterating the same request. The 1st respondent by its proceedings dated 26.07.2013, rejected the request of the petitioner for the reason that an appeal has to be filed before the Tribunal only.
3. On perusal of the counter affidavit dated 25.01.2016 filed by the 4th respondent, revealed that the land comprised in S.No.106/1 remains as 'Meichal Tharai' and the land comprised in S.No.106/2 has been re-classified as 'Grama Natham Poromboke' as per TK8A/483/1418 dated 03.01.2008. Thereafter, the said lands are allocated for eligible people for grant of free housing plots by the Government. That apart, the representation of the
petitioner was duly considered and rejected by the 2nd respondent by an order dated 26.07.2013 vide Na.Ka.No.1/18776/2013
4. In view of the above, this writ petition is devoid of merits and it is liable to be dismissed. Accordingly, the writ petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dm To
1. The Principal Secretary Cum Commissioner for Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2. The District Revenue Officer, Collectorate, Krishnagiri.
3. The Sub Collector, Hosur, Krishnagiri District.
4. The Tahsildar, Taluk Office, Hosur, Krishnagiri District.
5. The Asst. Land Tax Planning Officer, (South) Office of the Land Measurement and Land Tax Planning Commissioner, Chepauk,Chennai - 600 005.
+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.65936 +1cc to the Government Pleader, S.R.No.66082 W.P.No.15009 of 2014 BS[co] NSK 28/12/2021