Syed Kabeerudhin v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2023 CORAM :
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM Syed Kabeerudhin .. Petitioner vs 1.The Secretary to Government Revenue Department Government of Tamilnadu, St.George Fort, Chennai - 9.
2.The Secretary to Government & Commissioner of Land Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai - 5.
3.The Principal Secretary and Commissioner of Survey & Settlement, Government of Tamil Nadu, Chepauk, Chennai - 5.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 3rd respondent to commence the settlement operation in respect of Chennasandram village (comprising Chennasandram, Uliyalam and Thimmasandram) under the Tamil Nadu Inam Estate (Abolition and Conversion to Ryotwari) Act 26 of 1993 and issue Ryotwari patta in respect of the lands admeasuring 16 acres comprised in Paimash No.34 & 6 Inam Thimmasandram Village, an hamlet of Chennasandaram Village Hosur Taluk Krishnagiri District. For Petitioner :
No appearance For Respondents :
Mr.R.Ramanlaal Additional Advocate General 1/4
ORDER
The relief sought for in the present writ petition is to direct the third respondent, the Commissioner of Survey and Settlement, to commence settlement operations in respect of Chennasandaram Village under the Tamil Nadu Inam Estate (Abolition and Conversion to Ryotwari) Act 26 of 1993.
2.
The third respondent / Director of Survey and Settlement, filed a counter affidavit. As per the counter, the settlement proceedings have already been commenced and the details are enumerated in the counter as under:- "Accordingly, draft notification for deletion from the Tamil Nadu Act 26/63 had been sent to Government and the Government issued deletion notification in G.O.No.78 Revenue Department dated 23.03.2017 with respect to Birasandiram village and in G.O.No.80 Revenue Department dated 23.03.2017 with respect to Elayasandiram and Marasandiram villages.
Further necessary notifications were published in District Gazette vide Notification No.21 dated 27.10.2017 for conducting settlement works in these villages under the respective Act.
Following this, survey operation had been done in these villages as per Survey Manual and Tamil Nadu Survey and Boundaries Act, 1923.
The settlement work has been commenced and the present stage is as follows:- Name of the estate/village Area (village) Applicable settlement act Present stage 1.Chennsandira m 390.40 acres (157.98.9 Hact) Tamilnadu Act 26/63 The Settlement work has been 2/4
Name of the estate/village Area (village) Applicable settlement act Present stage
2. Uliyalam 672.00 acres (272.02.0 Hact) Tamilnadu Act 26/63 commenced and the preparation of Settlement Accounts informs in SF.1 and SF.7 are in process now.
Following this, Settlement field work, statutory enquiry process shall follow. At the end of enquiry process, orders as to grant of patta shall be issued by Assistant Settlement Officer (South).
3.Timmasandiram 620.80 acres (251.29.5 Hact) Tamilnadu Act 26/63 4.Birasandiram 518.40 acres (209.78.9 Hact) Tamilnadu Act 30/63 5.Elayasandiram 364.00 acres (147.66.8 Hact) Tamilnadu Act 30/63 6.Marasandiram 787.20 acres (318.65.2 Hact) Tamilnadu Act 30/63 3.
In view of the fact that the settlement proceedings are commenced, no further adjudication is required and, consequently, the writ petition stands dismissed. No costs. 15.09.2023 Index:Yes ssm 3/4
S.M. SUBRAMANIAM,J.
ssm To 1.The Secretary to Government Revenue Department Government of Tamilnadu, St.George Fort, Chennai - 9.
2.The Secretary to Government & Commissioner of Land Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai - 5.
3.The Principal Secretary and Commissioner of Survey & Settlement, Government of Tamil Nadu, Chepauk, Chennai - 5.
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