✦ High Court of India · 12 Sep 2025

High Court · 2025

Case Details High Court of India · 12 Sep 2025

Court

High Court of India

Decided

12 Sep 2025

Bench

G.K.ILANTHIRAIYAN

Length

1,444 words

Acts & Sections

A of the Amendment Act 1974 Constitution of India

W.P.No.3584 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12.09.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.3584 of 2019andW.M.P.Nos.3931 and 3928 of 20191. K.Udayakumar2. S.Ramakrishnan ... PetitionersVs.1. The Director of Survey & Settlement, Survey House, Chepauk, Chennai – 600 005.2. Additional Chief Secretary/Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai – 600 005.3. District Revenue Officer, Thiruvallur, Thiruvallur District.4. Revenue Divisional Officer, Thiruvallur, Thiruvallur District.5. Tahsildar,Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019 Uthukottai Taluk, Thiruvallur District. ... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in Na.Ka.E1/7682/2018 dated 19.12.2018, quash the same and consequently direct the respondents to forthwith issue the Patta for the lands in S.No.260/1, Ammambakkam Madura, Seethanjeri Village, Uthukottai Taluk, Thiruvallur District of an extent of 2.53 acres in the name of the petitioners herein. For Petitioner : Mr.A.R.SureshFor Respondents:Mr.M.Suresh Kumar,Additional Advocate Generalassisted by Mr.S.Rajesh,Government Advocate O R D E RThis Writ Petition has been filed challenging the order dated 19.12.2018, passed by the first respondent, thereby rejecting the request made by the petitioner for a change of classification and issuance of patta in respect of the land comprised in S.No.260/1 to an extent of 2.53 acres situated at Ammambakkam Madura, Seethanjeri Village, Uthukottai Taluk, Thiruvallur District.Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 20192. The land comprised in S.No.260/1 to an extent of 2.53 acres was originally owned by one Rami Reddy, his brothers, and sister-in-law as a joint family. The said land is situated at Ammambakkam Village, which is an ex-zamin village that was taken over by the Government on 07.09.1950, under the provisions of the Tamil Nadu Act 26 of 1948, namely the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (hereinafter referred to as 'the Act' for short). Settlement was introduced in the village in Fasli year 1366, which corresponds to 1956. During the settlement proceedings, the settlement officers set aside suo motu the subject land, considering it liable to submersion for more than three weeks in a year in the rainwaters running into the adjoining water bodies. Now, it is classified as Eri Ulvai. 3. Prior to the settlement proceedings, the lands were recognized, and pattas were issued to the petitioners' vendors. They filed applications before the Assistant Settlement Officer, and an enquiry was conducted, resulting in an order dated 26.04.1975. Even prior to the order, the Assistant Settlement Officer had examined the revenue records and the proof of holdings as per the registers, determining that the subject land Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019was to be classified under Ryotwari patta. Accordingly, the order was passed, and pattas were issued under Section 11(a) of the Act. Based on this, the predecessors of the petitioners purchased the subject lands in 1983 to an extent of 2.38 acres out of 2.53 acres. The father of the second petitioner purchased 15 cents on the same date.4. Further, in 1984, without any notice to the petitioners' vendors, the Updating of Registry process was done, and the entries made in favour of the petitioners' vendors were cancelled. Only in 2014 did the petitioners come to know that the UDR had changed the classification of the lands to Eri Ulvai and the pattas had been cancelled. Therefore, the father of the first petitioner submitted representations to re-classify the lands and issue a patta. Further, the subject lands are liable to be submerged during the rainy season, and that too for a short period, namely three weeks.5. The fact remains that the submergence is only due to the very slight and gradual slope towards the water body, due to which rainwater accumulates in the surrounding lands for some time before draining into Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019the adjoining lake. Therefore, the subject lands are not a water body, and only during the rainy season, some part of the land is liable to be submerged, specifically until the water drains into the lake. Based on the recommendation of the Sub-Collector dated 08.04.2018, the third respondent passed an order dated 11.04.2018.6. Further, the Assistant Settlement Officer's order was wrongly ignored in the subsequent proceedings. The third respondent treated it as if action had to be taken against the order of the Assistant Settlement Officer. It is nothing but an amending Act to the Act 26 of 1948, which introduces Section 14-A of the Act, addressing the issue of Ryotwari patta to lands in respect of private tanks or ooranis, stipulating that no patta should be granted for such lands. Furthermore, such pattas granted prior to the said Act shall stand cancelled in respect of private tanks or ooranis.7. The first respondent filed a counter affidavit, and the submission made by the learned Additional Advocate General appearing for the respondents revealed that Ammambakkam Village is an ex-zamin Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019estate/village in Uthukottai Taluk of Tiruvallur District, and it was taken over by the Government under the provisions of the Act. During the introduction of settlement, the subject land was classified as Government Poramboke – Eri Ulvai, and as such, it continues to vest with the Government as per Section 3(b) of the Act. At a later stage, the erstwhile Board of Revenue, on 13.05.1971, issued certain guidelines for granting patta with respect to 'Kulam Korvai' lands, which refers to lands that had been classified as 'Tank Poramboke' at settlement but are not submersible for more than three weeks in a year.8. Based on these guidelines, the Assistant Settlement Officer, Chengalpattu, passed an order granting patta to the petitioners' vendors, namely Rami Reddy and five others, under Section 11(a) of the Act. Thereafter, Section 14-A was inserted, stipulating that no Ryotwari patta shall be granted in respect of any private tank or oorani. Under Section 14-A(2) of the Act, all pattas issued for private tanks or ooranis prior to the amendment in 1974 stood cancelled. Therefore, the patta granted by the Assistant Settlement Officer on 26.04.1975, was cancelled.Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019 9. In the Updating and Registering Scheme (UDR) introduced by the Government in 1984, the classification was rightly recorded in the 'A' Register as 'Government Poramboke – Eri Ulvai'. Therefore, the petitioners made a request to correct the UDR A-Register. After an enquiry, the District Revenue Officer sent a report. Upon receipt of the report, by order dated 08.05.2018, the Director of Survey and Settlement was directed to review the order of the Assistant Settlement Officer. Consequently, the order passed by the Assistant Settlement Officer was taken up for review under Section 5(2) of the Act. Accordingly, by proceedings dated 19.12.2018, it was declared that the order of the Assistant Settlement Officer was deemed to have been cancelled as per Section 14-A of the Amendment Act, 1974.10. The learned Additional Advocate General relied upon the judgment of the Full Bench of this Court in The Special Commissioner and Director of Survey and Settlement Vs. M.Arumugam, reported in (2007) 4 MLJ 1201, which held that water body areas cannot be granted patta. Further, any Ryotwari patta granted in respect of a private tank or oorani under the Act before the publication of the Act in the Tamil Nadu Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019Government Gazette shall stand cancelled. Additionally, for the purposes of compensation under the Act, a private tank or oorani shall be deemed to be land in respect of which neither the landholder nor any other person is entitled to a Ryotwari patta under the Act.11. Though a similarly placed land comprised in S.No.11/10, which was originally classified as Eri Ulvai, had its patta cancelled and then issued, it is from a different village and not from the village in respect of the subject land. Therefore, the subject land is hit by Section 14-A of the Amendment Act 49 of 1974, which cancells the pattas in respect of private tanks and ooranis, and the proceedings of the Assistant Settlement Officer are declared to stand cancelled.12. In view of the above detailed discussions, this Court finds no infirmity or illegality in the order passed by the first respondent. Accordingly, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 12.09.20251/2 Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderkvTo1. The Director of Survey & Settlement, Survey House, Chepauk, Chennai – 600 005.2. Additional Chief Secretary/Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai – 600 005.3. District Revenue Officer, Thiruvallur, Thiruvallur District.4. Revenue Divisional Officer, Thiruvallur, Thiruvallur District.5. Tahsildar, Uthukottai Taluk, Thiruvallur District.Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.3584 of 2019G.K.ILANTHIRAIYAN, J.kvW.P.No.3584 of 201912.09.20251/2 Page 10 of 10

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