Madras High Court
M/S. Real Talent Engineering Private ... vs The Commissioner Of Land ... on 20 December, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No. 35807 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No. 35807 of 2024
M/s. Real Talent Engineering Private Limited,
Rep. by its Director Mr.Duraisamy,
Having its registered office at
67, Chamiers Road,
Chennai - 600 028. ... Petitioner
Vs
1. The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai - 600 005.
2. The Director of Survey & Settlement,
Survey House, Chepauk,
Chennai - 600 005.
3. The District Collector,
Collectorate,
M.B.T.Road, Bharathi Nagar,
Ranipet - 632403.
4. The District Revenue Officer,
Collectorate,
M.B.T.Road, Bharathi Nagar,
Ranipet - 632403.
1/9
https://www.mhc.tn.gov.in/judis
W.P.No. 35807 of 2024
5. The Revenue Divisional Officer,
Sholinghur Divisional Office,
Sholinghur Taluk,
Ranipet District. - 631102.
6. The Tahsildar,
Sholinghur Taluk Office,
Ranipet District. - 631 102. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Mandamus, directing the respondents to consider the
petitioner's representation dated 26.06.2024 within a period of two weeks.
For Petitioner : Mr.K.Mohit Kumar
For R1 to R6 : Mr.G.Velu
Additional Government Pleader
ORDER
This writ petition is filed for a writ of mandamus directing the respondents to consider the petitioner’s representation dated 26.06.2024 within a period of two weeks.
2. The grievance of the petitioner is that as a part of business expansion, the petitioner purchased lands in Soorai Village to an extent of Acres 36 and 66 cents, including the lands in survey Nos. 367/5B, 367/6, 370/1A, 370/1B, 2/9 https://www.mhc.tn.gov.in/judis W.P.No. 35807 of 2024 373/5A, 373/5C, 373/5D, 373/5F, 373/5G, 373/7, 374/1C, 374/1E, 374/2A, 374/2B, 374/3, 374/4A, 374/4C located in Soorai Village, Sholinghur Taluk, Ranipet District. By a sale deed dated 24.01.2005 registered as Document No.112 of 2005 at the office of the Sub-Registrar, Sholinghur. Accordingly, the necessary mutations were carried out in the revenue records and Patta No.1062 was also issued to the petitioner. The land was also leased out to the third party whereby a factory has also been established on the leased lands, after obtaining the necessary approvals from the authorities.
3. However, subsequently, when the petitioner visited the office of the respondents with reference to proposal to expand the factory, they were shocked to find that the Survey Nos. 367/5B, 367/6, 370/1A, 370/1B, 373/5A, 373/5C, 373/5D, 373/5F, 373/5G, 373/7, 374/1C, 374/1E, 374/2A, 374/2B, 374/3, 374/4A, 374/4C were shown as “Anadeenam” and their name has been removed as the Pattadhars. Therefore, they have made a representation to restore their names.
4. The prayer was to consider the representation and pass orders. The prayer to consider the representation many times only generates the second 3/9 https://www.mhc.tn.gov.in/judis W.P.No. 35807 of 2024 round of writ petition. Hence, this Court proceeded to consider the matter on its merits and not to direct the respondents to merely consider the representation. In view thereof, the learned Additional Government Pleader was directed to seek instructions as to why the said survey numbers were shown as “Anadeenam”. The learned Additional Government Pleader today produced a copy of the written instructions received by him on 18.12.2024. The relevant portion of the written instructions reads as follows and the same is extracted hereunder:-
@,ytr epy xg;gil bra;ag;gl;l muR g[wk;nghf;F epy';fs; midj;Jk; jw;nghJ @mdhjPdk; jil bra;ag;gl;l ,dk;@ vd gjpag;gl;Ls;sJ/ jw;nghJ @mdhjPdk; jil bra;ag;gl;l ,dk;@ vd;gjpid ePf;fk; bra;a jw;nghJ epy xg;gil bra;ag;gl;l epy';fspd; xg;gil cz;ik jd;ikapid guprPyid bra;J ghh;it 3?y; fhQqk; ,af;Feh; epymsit gjpntLfs; Jiw mtu;fspd; Rw;wwpf;ifapy; bjhptpj;Js;s eilKiw tpjpfspd; mog;gilapy; kDjhuiu tprhuiz nkw;bfhz;L eltof;if nkw;bfhs;s ntz;oa r{H; epiy epyt[tjhy;. ,J bjhlu;ghf gpu!;jhg epy';fis Real Talent Engineering Private Ltd. R.K.Pet Village, R.K.Pet Taluk, Thiruvallur District epWtdj;jpdu; fpiuak; bgw;w tpguk; Fwpj;J tprhuiz bra;a fle;j 29/11/2024 md;W miHg;ghiz mDg;gg;gl;L tprhuiz nkw;bfhs;sg;gl;ljpy;. fle;j 1984?k; Mz;L @m@ gjpntl;oy; gl;lhjhuuhf gjpag;gl;Ls;s epy chpikahsu;fsplkpUe;J fpiuak; bgw;w Mtz';fis rku;g;gpj;Js;shu;/ ,jpy;. epy xg;gil bra;ag;gl;l tpgu';fs; Fwpj;J cz;ik jd;ik 4/9 https://www.mhc.tn.gov.in/judis W.P.No. 35807 of 2024 mwpa ,aytpy;iy vd;gjhy;. epy xg;gil bgw;w egu;fsplk; cs;s gl;lh efYld; kPz;Lk; tprhuizf;F M$uhf neupy; bjuptpf;fg;gl;lJ/ Mdhy;. nkw;fhqk; epWtdj;jpdu; ,J tiu epy xg;gil bra;ag;gl;l gl;lh efy;fis M$u; gLj;jtpy;iy/ ,Ug;gpDk; ,th;fSf;F kPz;Lk; ghu;it?2y; fz;lthW fojk; mDg;gg;gl;Ls;sJ/”
5. Thus it can be seen that the respondents entertained a doubt as to whether all these lands originally purchased by the petitioner were assigned from the Government or not. Therefore, they have directed the petitioner to produce the documents in the form of the assignment deeds. Since the petitioner did not properly produce the documents, the respondents are proceeding with the enquiry by sending a letter dated 11.12.2024 with reference to the same.
6. If the respondent authorities entertained a doubt whether any particular survey number is the Government owned land or whether it has been assigned to any private party, the respondents can verify from their own records and they can also conduct an enquiry with reference to the same. They are fully justified in proceeding with conduct of an enquiry and the verification of the records, as they also have the duty to ensure that if any particular land belongs to the Government, then the same is not duly claimed 5/9 https://www.mhc.tn.gov.in/judis W.P.No. 35807 of 2024 by any private party. However, at the same time, removing the name in the patta and treating the land as “Anadheenam” cannot be done merely on suspicion and this exercise cannot precede their enquiry. Therefore, the action of the respondents in removing the name of the petitioner as the Pattadar in respect of the above mentioned survey numbers and treating them as “Anadheenam” cannot be justified. Therefore, this writ petition is disposed of the following terms:-
(i) The respondents shall forthwith restore the name of the petitioner as patta holder in respect of the Survey Nos. 367/5B, 367/6, 370/1A, 370/1B, 373/5A, 373/5C, 373/5D, 373/5F, 373/5G, 373/7, 374/1C, 374/1E, 374/2A, 374/2B, 374/3, 374/4A, 374/4C and also in their Patta No.1062 within a period of four weeks from the date of receipt or production of the website uploaded copy of this order without waiting for the certified copy of the order.
(ii) However, this will not preclude the respondents from proceeding further with their enquiry pursuant to their letter dated 11.12.2024. If ultimately, they found that the petitioner does not have the title to the land, they should give an opportunity to the petitioner to 6/9 https://www.mhc.tn.gov.in/judis W.P.No. 35807 of 2024 explain and thereafter only they can resort to the exercise of removing the name of the petitioner from the patta, if the situation warrants and if they are justified under the law.
(iii) No costs.
20.12.2024 Neutral Citation: Yes/No nsl To
1. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
2. The Director of Survey & Settlement, Survey House, Chepauk, Chennai - 600 005.
7/9 https://www.mhc.tn.gov.in/judis W.P.No. 35807 of 2024
3. The District Collector, Collectorate, M.B.T.Road, Bharathi Nagar, Ranipet - 632403.
4. The District Revenue Officer, Collectorate,M.B.T.Road, Bharathi Nagar, Ranipet - 632403.
5. The Revenue Divisional Officer, Sholinghur Divisional Office, Sholinghur Taluk, Ranipet District. - 631102.
6. The Tahsildar, Sholinghur Taluk Office, Ranipet District. - 631 102.
D.BHARATHA CHAKRAVARTHY, J.
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