Palaniappa.S.P v. Government Of Tamil Nadu

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 29.07.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.P.Palaniappa ... Petitioner Vs

1. Government of Tamil Nadu, Rep. by its Secretary, Revenue Department, Secretariate, Fort St. George, Chennai.

2. The Special Commissioner and Commissioner of Land Administration,

3. The Director, Land Survey and Settlement,

4. The Assistant Director, Land Survey and Settlement, Pudukottai.

5. The District Collector, O/o.The District Collector, Pudukottai.

6. The District Revenue Officer, Pudukottai

7. The Commissioner, Iluppur.

8. The Settlement Officer, 1/7

9. The Assistant Settlement Officer and Revenue Divisional Officer, Iluppur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 05.08.2022 of the petitioner issue patta within time frame fixed by this Court.

For Petitioner : Mr.V.V.Kathiresan For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader for R1 to R6 R8 and R9

O R D E R

This Writ Petition is filed seeking issue of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.08.2022, within the time stipulated by this Court.

2. Heard the arguments of Mr.V.V.Kathiresan, learned counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 to 6, 8 and 9.

3. It is the case of the petitioner that he along with 71 families 2/7

entitled to 931 Acres in in Old. Survey No.297/2 and the New Survey No.

415/1,3, 415/2, 408/8, 415/4,7,8, 415/5, 415/6, 415/9, 415/10, 415/11, 426/8, 415/12,20, 415/13,24, 415/14, 415/15, 415/18, 415/17, 415/19, 415/21, 415/21, 415/22, 415/23, 415/25, 415/26, 408/8, 408/11, 408/23, 415/27, 415/28, 415/29, 410/10, 410/13, 410/14, 410/2, 410/3, 410/9, 410/18, 410/4, 410/5,6, 410/7, 408/19, 410/8, 410/11, 426/11, 410/12, 410/15, 410/16, 410/17, 410/19, 410/20, 410/21, 410/22, 410/23, 410/24, 410/25, 410/26, 410/27, 410/28, 410/29, 409/1, 409/9, 408/12, 409/2, 409/3, 409/4, 409/5, 409/6, 409/8, 409/10, 408/10, 408/11, 409/11, 409/12, 409/13, 409/14, 409/15, 409/16, 409/17, 409/18, 409/19, 409/20, 409/21, 409/22, 439/8, 408/1, 408/3,9, 408/4, 408/6, 408/7, 408/10, 439/17, 439/20, 408/13, 408/29, 408/14, 439/21, 408/15, 408/17, 408/16, 408/18, 408/20, 408/21, 408/25, 408/26, 408/27, 408/28, 426/10, 426/3, 426/9, 426/2, 439/11, 439/23, 439/24, 439/1, 439/10, 439/6, 439/10, 439/11, and 439/14 in Nilayapatti Village, Ilupur Taluk.

Pudukottai District. The entire lands in Nilayapatti Village were taken over by the Government under the provisions of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963), by issuing a notification. The same was challenged by the petitioner's father and others by filing a civil suit.

petitioner's father and others was dismissed. Aggrieved by the same, the petitioner's father and others filed an appeal in A.S.No.912 of 1979. The said appeal was allowed by this Court, by judgment and decree dated 30.07.1979 by holding that the subject lands would not fall under the definition of "Inam Estate" under the provisions of the Tamil Nadu Estate Abolition Act, 1948. Thereafter, the Assistant Settlement Officer cum Revenue Divisional Officer, Iluppur, issued a notice under Rule 9(5) of Tamil Nadu Minor Inams (Abolition and Conversion Into Ryotwari) Rules, 1965. In response to the same, the petitioner has sent a reply dated 26.08.2022.

It is the specific stand of the petitioner in the reply that the notification issued by the competent authority under the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 was declared to be invalid by the High Court and in such circumstances, fresh notice issued under the Tamil Nadu Minor Inams (Abolition and Conversion Into Ryotwari) Rules, 1965 is untenable in law. Therefore, according to the petitioner, the revenue documents shall be mutated in favour of the petitioner.

4. Merely because, the subject properties were declared to be not Inam estate within the meaning of Tamil Nadu Inam Estates (Abolition 4/7

and Conversion into Ryotwari) Act, 1963, we cannot presume that Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963) is not applicable to the subject property. This Writ Petition is filed only based on the judgment passed in A.S.No.912 of 1979, which held that subject property was not "Inam Estate". The said judgment is not useful for the petitioner to challenge the notice issued under Minor Inam Abolition Act and the Rules framed thereunder. In fact the notice issued under Minor Inam Abolition Rules is not challenged in this Writ Petition and the petitioner only seeks Mandamus to consider his request for issue of patta. Therefore, based on the judgment relied on by the petitioner, this Court is not inclined to issue a direction to the respondents to consider the representation of the petitioner dated 05.08.2022. If it is the case of the petitioner that subject property is not a "Minor Inam" and hence, the provisions of Act 30 of 1963 is not attracted, it is for him to explore the other remedies available under law.

5. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

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vsm Index : Yes/No Internet: Yes/No S.SOUNTHAR, J.

vsm To

1. The Secretary, Government of Tamil Nadu, Revenue Department, Secretariate, Fort St. George, Chennai.

2. The Special Commissioner and Commissioner of Land Administration,

3. The Director, Land Survey and Settlement,

4. The Assistant Director, Land Survey and Settlement, Pudukottai.

5. The District Collector, O/o.The District Collector, Pudukottai.

W.P (MD) No.20870 of 2022

6. The District Revenue Officer, Pudukottai

7. The Commissioner, Iluppur.

6/7

8. The Settlement Officer,

9. The Assistant Settlement Officer and Revenue Divisional Officer, Iluppur.

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