R.Kannan v. The Commissioner Of Land Administration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Kannan .. Petitioner Vs 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2.The Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai-600 005.

3.The Director, Director of Survey and Settlement, Chepauk, Chennai-600 005.

4.The District Collector, District Collector Office, Namakkal, Tiruchengode-Namakkal Road, Namakkal-637 001.

5.The District Revenue Officer, Namakkal, Namakkal District-637 001.

6.The Tahsildhar, Namakkal Taluk, Tiruchengode-Namakkal-Trichy Road, Thillaipuram, Namakkal-637 001.

7.K.Thavamani 8.K.Senthilkumar ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari calling for the records in proceedings No.Roc.No.K1/4049381/2023 dated 26.4.2023 on the file of the first respondent and quash the same.

For the Petitioner : Mr.K.Kalimuthu For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 6 : Mr.H.Imthiaz Ahmed for applicant in WMP.No.12320 of 2024

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.K.Kalimuthu, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader for

respondents 1 to 6. We have also heard Mr.H.Imthiaz Ahmed, learned counsel for the applicant in W.M.P.No.12320 of 2024.

2. The patta in respect of the land in question has been cancelled. The petitioner had sold the subject writ property in the years 2019 and 2022. The land is classified as Kuttai. The dispute is about the classification of the land.

3. Nonetheless, it appears that, originally, the land was a Kuttai land. According to the petitioner, it was a private Kuttai. Even in respect of private Kuttai, Section 14A of the Tamil Nadu Estates (Abolition, Conversion into Ryotwari) Act, 1948 would come into operation.

4. At this juncture, learned counsel for the petitioner submits that the petitioner would take appropriate steps in respect of the impugned order in appropriate proceedings.

5. In the light of that, the writ petition is disposed of. There shall be no order as to costs. W.M.P.No.31024 of 2023 is closed. In view of the disposal of the writ petition, W.M.P.No.12320 of 2024 filed by the applicant to implead him as respondent No.9 is also closed.

(S.V.G., CJ.) (J.S.N.P., J.) 22.04.2024 Index :

Yes/No :

Yes/No bbr To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

2.The Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai-600 005.

3.The Director, Director of Survey and Settlement, Chepauk, Chennai-600 005.

4.The District Collector, District Collector Office, Namakkal, Tiruchengode-Namakkal Road, Namakkal-637 001. 5.The District Revenue Officer, Namakkal, Namakkal District-637 001.

6.The Tahsildhar, Namakkal Taluk,

Tiruchengode-Namakkal-Trichy Road, Thillaipuram, Namakkal-637 001.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

bbr 22.04.2024