A.Ramakrishnan v. The Additional Chief Secretary/ Commissioner Of Land

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Ramakrishnan ...

Petitioner Vs 1 The Additional Chief Secretary/ Commissioner of Land Administration, Land Administration Department, Chepauk, Ezhilagam, Chennai - 60 005.

2 The District Collector, 3 The District Revenue Officer, 4 The Revenue Divisional Officer, Thoothukudi.

5 The Thasildhar, ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorari, to call for the records pertaining to

the impugned order passed by the 4th respondent in his proceedings in O.Mu. (Aa2)689/2025, dated 06.05.2025, and quash the same and consequently direct the 5th respondent to issue patta in favour of the petitioner in respect to the land in S.No.359/2A15 an extent of 54 cents situated at Meelavittan Part 1 Village, Thoothukudi Taluk, Thoothukudi District. For Petitioner :

Mr.A.Arul Jenifer For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader.

ORDER

The Writ Petition is filed, challenging the order passed by the fourth respondent, rejecting the application submitted by the petitioner, seeking patta transfer, in respect of the property situate in Survey No. 359/2A15 with an extent of 54 cents at Meelavittan Part 1 Village, Thoothukudi Taluk, Thoothukudi District.

2. The impugned order was passed by the fourth respondent only on the ground that the subject property is classified as Kattukuttagai land and, therefore, patta transfer is prohibited as per the letter issued by the Commissioner of Land Administration, dated 19.03.2019.

3. In the affidavit filed in support of the writ petition, it is clearly stated that the property originally belonged to one Ammal and patta for the

same was issued in her name in patta No.5886. She executed a Power of Attorney in favour of one Malini in respect of the subject land. The said Malini executed a sale deed in document No.2194/2020, dated 15.07.2020, in favour of petitioner's wife - Vellathai. Subsequently, the petitioner's wife executed a settlement deed in favour of the petitioner on 25.10.2022. Thus, the petitioner claims patta transfer in his favour.

4. In the typed set of papers, the petitioner included the patta issued in the name of his wife's vendor Ammal in Patta No.5886. A perusal of the same would indicate that the subject property has been classified as an 'assessed wet land' and patta has been issued in the name of Ammal. The print out of the said patta was taken on 10.11.2024. When the subject property is classified as an assessed wet land and patta issued in the name of the petitioner's wife's vendor, the fourth respondent, without verifying the revenue records, by the impugned order, rejected the request for transfer of patta, on the ground it is a Kattukuttagai land. In fact, A-Register for the subject property, included in the typed set, also established the fact that the property was classified as 'ryotwari nanja land'.

5. In these circumstances, I have no hesitation in coming to the conclusion that the impugned order has been passed by the fourth respondent without verifying the revenue records, such as A-Register and Patta, with

regard to the classification of the land. Therefore, the impugned order is set aside and the matter is remanded back to the file of fourth respondent with a direction to consider the request of the petitioner for transfer of patta, in the light of the revenue documents, such as A-Register, Patta etc. Final orders shall be passed after affording reasonable opportunity to the petitioner within a period of eight weeks from the date of receipt of copy of this order.

6. The Writ Petition stands allowed accordingly. No costs. 11.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The Additional Chief Secretary/ Commissioner of Land Administration, Land Administration Department, Chepauk, Ezhilagam, Chennai - 60 005.

2 The District Collector,

3 The District Revenue Officer, 4 The Revenue Divisional Officer, Thoothukudi.

5 The Thasildhar,

S.SOUNTHAR, J.

dixit 11.07.2025