B. Ullasavelan v. The Collector of Kancheepuram District

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :: 13-02-2008CORAMTHE HONOURABLE MR.JUSTICE V.DHANAPALANWRIT PETITION No.30157 OF 2007B.Ullasavelan...Petitioner-vs-1.The Collector of Kancheepuram District, Kancheepuram.2.The Revenue Divisional Officer, Chengalpattu.3.The Tahsildar, Tambaram....RespondentsPetition under Article 226 of the Constitution of India,praying for issuance of a writ of certiorarified mandamus.For petitioner : Mr.R.Muthukumarasamy, Senior Counsel, for Mr.S.Mohanasundarajan.For respondents: Mr.K.Elango, Spl.Govt.Pleader.O R D E RThis Writ Petition has been filed, praying for issuance ofa writ of certiorarified mandamus, to call for the proceedings ofthe third respondent in O.Mu.1628/2007/Aa.5, dated 13.03.2007, quashthe same and consequently direct the respondents to cancel theunification of the lands in R.S.No.381/2B2 and the consequent sub-divisions said to have been made, and to issue the computarisedpatta to the petitioner in respect of the lands purchased by himunder a registered Sale Deed, dated 21.06.1991, covered byR.S.No.381/2B2. https://hcservices.ecourts.gov.in/hcservices/

2. The order under challenge has been passed by the thirdrespondent, namely, Tahsildar, Tambaram Taluk, in and by which therequest of the petitioner for transfer of patta in his name, inrespect of Survey Nos.381/2B2 and 381, combined together in SurveyNos.381/1A2,381/27,381/26,381/31,381/32,381/45 and sub-divided, wasrejected.3. According to the petitioner, the land in R.S.No.381/2B2of Perungalathur Village, measuring one acre, originally belonged toone M.Doraisamy. By a sale deed, dated 24.10.1961, the saidDoraisamy sold the said land to one Mrs.R.Jayalakshmiammal, who, inturn, sold the same to Kurapatti Gajalakshamma and KurapattiSathyanarayanamma, by a registered sale deed, dated 12.01.1962.Pursuant to the same, the said two persons were in enjoyment of theproperty for 20 years and the southern half of the said landmeasuring 50 cents was sold to one Mrs.Lois Packianathan by aregistered sale deed, dated 17.06.1982. Thereafter, the petitionerpurchased the said 50 cents from Mrs.Lois Packianathan and sincethen, he became the owner and has been in enjoyment of the same andsubsequently patta was granted for the said land in the year 1991,vide Patta No.1022. 4. It is the further case of the petitioner that he hasbeen paying land tax for the said land. In January,2007, he came toknow that certain elements were fabricating the documents andselling the lands in that area, without the knowledge of theoriginal owners. Then, the petitioner applied for encumbrancecertificate in respect of his land for the period from 01.01.1981 to28.01.2007 and accordingly the certificate was issued. However, tohis shock and surprise, he was served with an order passed by thethird respondent, dated 13.03.2007, rejecting the claim of thepetitioner for computerised patta, on the ground that the landmeasuring 50 cents, which was covered by Survey No.381/2B2 ofPerangalathur Village, had been unified with R.S.No.381 and sub-divided into 381/1A2,381/27,381/26,381/31,381/32 and 381/45 andpattas were granted in respect of each of those sub-divisions infavour of some individuals and, therefore, the petitioner was notentitled to the patta. Immediately, the petitioner submitted anappeal to the second respondent on 14.03.2007 and also a letter tothe first respondent, namely, the District Collector. Thereafter,he also gave a complaint to the Commissioner of Police on22.08.2007. 5. The third respondent has filed a counter, the relevantparagraphs of which are 3 and 4, which read as under : https://hcservices.ecourts.gov.in/hcservices/ "3. I state that initially GurapattiGajalakshamma and Gurupatti Lakshmanamma weregiven joint patta No.454 for 1 acre of land inR.S.No.381/2. In the year 1985, Mrs.LoisPackianathan, w/o.Packianathan was given pattaNo.1241 for 50 cents of land in R.S.No.381/2B2on the basis of the purchase of the said landby her under sale deed dated 17.6.1982 videdocument No.2142/1982. Again in the year 1991,petitioner was given patta No.1022 for 50 centsof land in R.S.No.381/2B2 on the basis of hispurchase under sale deed dated 21.06.1991 videDoc.No.3165/1991.4. I state that the petitionerapplied for computerized patta on 29.1.2007.On scrutinizing the records, it was found thatthe petitioner's land in R.S.No.381/2B2 wasunified with R.S.No.381 and sub-divided andsubsequently pattas were issued to variousindividuals as per 8A/1480/97(R.S.No.381/1A2,381/27,381/26,381/31,381/32 and381/45). Hence computerized patta request ofthe petitioner was rejected."6. It is also stated in the counter that the petitionerpreferred an appeal against the order dated 13.03.2007 and the sameis pending before Revenue Divisional Officer, Chengalpattu. Thecounter further reveals that on scrutiny of chitta and adangalregister, the name of the petitioner found place up to 1407 (1998)Fasli, and, subsequently, the petitioner's land was subdivided andrecorded in various individuals names.7. Heard Mr.R.Muthukumarasamy, learned Senior Counsel forthe petitioner, and Mr.K.Elango, learned Special Government Pleader,appearing for the respondents.8. Learned Senior Counsel for the petitioner has submittedthat the petitioner purchased the property, to which patta wasgranted in the name of the petitioner, but, all-of-a-sudden, withoutany notice to the petitioner, the respondents proceeded to grantpattas in the names of several individuals, by taking away the rightof the petitioner to his property.9. On the other hand, the learned Special GovernmentPleader appearing for the respondents brought to notice the relevant https://hcservices.ecourts.gov.in/hcservices/ paragraphs 3 and 4 of the counter and submitted that thoughinitially the property was in the name of the petitioner, later, itwas subdivided and individual pattas were granted, pursuant to whichthe petitioner filed an appeal before the Revenue DivisionalOfficer, Chengalpattu, and the same is pending.10. I have given fair consideration to the submissionsmade by the learned counsel on either side and perused the relevantrecords, produced before this Court.11. It is seen that the petitioner purchased the landmeasuring 50 cents in Survey No.381/2B2 and patta was granted in hisname in the year 1991 and he paid tax. It is also seen that inChitta and Adangal register, the name of the petitioner found placeup to 1998 and subsequently the land was subdivided and recorded invarious individual names.12. On a perusal of the relevant records, it is seen thatthe property in question belonging to the petitioner has beenwrongly included in the sub-divisions so also in respect of SurveyNo.381/2B2, which was a mistake on the part of the respondents,while making sub-divisions.13. A thorough reading of the entire records would make itclear that the impugned order has been passed without any notice tothe petitioner and the action of the respondents in making sub-divisions and granting pattas in respect of various individuals isagainst the established rules and the settled position of law.Therefore, the manner in which the sub-divisions and changes in theproperty were made by the respondents by including the land of thepetitioner in the sub-divisions and granting pattas to variousindividuals cannot be sustained, as there was no notice to thepetitioner, as a result of which he had been deprived of his rightto the property, which was purchased by him in a lawful manner.Therefore, the impugned order passed by the respondents withoutaffording any opportunity to the petitioner is ex facie illegal andin arbitrary exercise of powers. The order also suffers from legalinfirmities and non-application of mind and the same cannot besustained and it is set aside.14. Accordingly, this Writ Petition is allowed with adirection to the respondents to issue computerised patta in the name https://hcservices.ecourts.gov.in/hcservices/ of the petitioner within a period of four weeks from the date ofreceipt of a copy of this order. No costs. Consequently, theconnected M.P.No.1 of 2007 is closed. dixitSd/-Asst. Registrar./true copy/Sub Asst. Registrar.To1.The Collector of Kancheepuram District, Kancheepuram.2.The Revenue Divisional Officer, Chengalpattu.3.The Tahsildar, Tambaram.1 cc to Mr.S.Mohanasundarajan, Advocate, SR.74331 cc to Government Pleader, SR.7957ad (co)dv/26.2.W.P.No.30157 OF 2007