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Madras High CourtWP/20894/2017dismissed

Mr.Grujala Jayachandra Naidu v. The Government Of

2022-02-16Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.Nos.20894, 20895 & 20896 of 2017 W.P.No.20894 of 2017 Grujala Jayachandra Naidu .. Petitioner Rep.by his Power of Attorney Mr.Polta Malathi Rao Vs.

1. The Government of Tamil Nadu, Rep. by Principal Secretary,

4. The Managing Director, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.

respondents 2, 3 and 4 to consider and re-convey the vacant land available and do award the compensation for the acquired land as per the provisions of law on the basis of representation made by the petitioner on 09.03.2017, 27,03.2017 and 07.04.2017. For Respondents 1 to 3 For Respondent 4 Mrs.P.Veena Suresh W.P.No.20895 of 2017 Grujala Jayachandra Naidu .. Petitioner Rep.by his Power of Attorney Mr.Polta Malathi Rao

Vs.

1. The Government of Tamil Nadu, Rep. by Principal Secretary,

4. The Thasildar, Mylapore, Chennai - 600 004.

respondents 2, 3 and 4 to consider and re-convey the land admeasuring Ac.15.00 cents in Survey Nos.4309, 4309/2 vide title settlement deed's 4299 to 4309 composite patta No.55, situated at Block No.96, Ward No.150, Mylapore, Chennai by Demarcation and Fixing boundaries thereby on the representations made by the petitioner on 09.03.2017, 27.03.2017 and 07.04.2017. For Respondents 1 to 4 W.P.No.20896 of 2017 Grujala Jayachandra Naidu .. Petitioner Rep.by his Power of Attorney Mr.Polta Malathi Rao Vs.

1. The Government of Tamil Nadu, Rep. by Principal Secretary,

2. The District Collector, Collectorate, Thiruvallur District, Thiruvallur.

Thiruvallur, Tamil Nadu.

4. The Thasildar, Thiruvallur Taluk, Thiruvallur District.

respondents 2, 3 and 4 to consider and issue Adangal, 1-B, Sethuvar, Confirmation and computerized patta in respect of the agricultural land (1) Thirutani Taluk TD No.312, 313, Paimash No.1250, 1412, 98, 402, 1227 and 1239 admeasuring area AC 230.00

(2) Maddur Village No.97 TD No.2755, 2756 Paimash No.39, 54, 416, 419, 420 admeasuring area Ac.115.00, (3) Thangal Gollakuppam Village No.82, TD No.320, 321, Paimash No.295, 124 admeasuring area Ac 80.00 (4) Thangal Gollakuppam Village No.82, TD No.320, 321, Paimash No.295, 124, 60 admeasuring area Ac 115.00 (5) Thandur Village No.17, No.2594, 2595 Paimash No.22, 23, 231, 232, 233 admeasuring Ac 64.00 based on the representation made by the petitioner on 07.03.2017, 28.03.2017 and 06.04.2017.

For Respondents 1 to 4 C O M M O N O R D E R These writ petitions have been filed seeking a direction to the respondents 2 to 4 to consider the petitioner's representations to re-convey the properties mentioned therein, award compensation and also to grant patta based on the representations of the petitioner.

2. The case of the petitioner is that he is the power agent of one Gurjala Jayachandra Naidu, son of Late Veeraswamy Naidu. The said late Veeraswamy Naidu was in possession and enjoyment of the properties stated in the affidavit filed in support of these writ petitions and he was paying necessary tax. It is further stated that the said lands are estate lands and taken over under the Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act, 1948. Earlier, Mr.Grujala Jayachandra Naidu applied for grant of patta in respect of the above properties on 31.03.1986 and that application was not considered. Thereafter as his power agent petitioner sent various representations to the authorities for grant of patta and re-conveyance of the properties, apart from paying compensation, that was also not considered, hence the present writ petitions have been filed.

3. I have heard the learned counsel on either side.

4. The affidavit filed in support of these writ petitions, are very vague. There is no material available to show that the lands were taken over under the Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act, 1948, and late Veeraswamy Naidu was in possession of the properties, and the said Veeraswamy Naidu filed applications for grant of patta. Even assuming that the lands were belonging to the late Veeraswamy Naidu, and were taken under the Tamil Nadu Estates (Abolition & Conversion into Ryotwari) Act, the petitioner has to approach the concerned Settlement Tahsildar seeking appropriate relief and the respondents herein have no right to grant patta in respect of the above.

5. In such circumstances, this Court find no merit in these writ petitions and the writ petitions are liable to be dismissed and accordingly dismissed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kk To

1. The Principal Secretary to Government,

4. The Managing Director, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.

5. The Thasildar, Mylapore, Chennai - 600 004.

6. The Thasildar, Thiruvallur Taluk, Thiruvallur District.

+6cc to Mr.S.Mazhaimeni Pandiyan, Advocate, S.R.No.10058,10059,10057 +1cc to Mrs.P.Veena Suresh, Advocate, S.R.No.10321 +1cc to the Government Pleader, S.R.No.10826 W.P.Nos.20894, 20895 & 20896 of 2017 BR(CO) CT 17/03/2022