Madras High Court
R.Parthasarathy vs Commissioner on 26 September, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.27585 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.27585 of 2023
R.Parthasarathy ... Petitioner
Vs.
1.Commissioner,
Land Administration,
Ezhilagam, Chepauk,
Chennai – 600 005.
2.District Collector,
Villupuram District,
Villupuram.
3.District Revenue Officer,
Villupuram District,
Villupuram.
4.Tahsildar,
Kandachipuram Taluk,
Villupuram. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the 4th respondent to obey the
directions issued by the respondents 1 and 2, dated 09.09.2022, 08.11.2022
and 30.11.2022 respectively and to issue Patta Passbook in favour of the
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W.P.No.27585 of 2023
petitioner for the left out “Tarisu” land to an extent of 1 acre 77 cents
comprised in Paimash No.211 of 1964 and Paimash No.209 of 1973 of
Melvalai Village, Kandachipuram Taluk, Villupuram district.
For Petitioner : Mr.P.Johnson
For Respondents : Mr.G.Krishna Raja,
Additional Government Pleader.
ORDER
The relief sought for in the present writ petition is to direct the 4th respondent to obey the directions issued by the 1st and 2nd respondents, dated 09.09.2022, 08.11.2022 and 30.11.2022 respectively and issue Patta passbook in favour of the petitioner for the left out “jupR” land to an extent of 1 acre 77 cents comprised in Paimash No.211 of 1964 and Paimash No.209 of 1973 of Melvalai Village, Kandachipuram Taluk, Villupuram district.
2. The petitioner states that his grand father late Mr.Aadhimoolam has got right over 5.05 acres of land based on nine different documents in his favour. The petitioner's family were in the possession and enjoyment of the said extent of agricultural land including the garden land. The Paimash numbers are converted into new survey numbers. Out of nine documents Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27585 of 2023 excluding the document Nos. 318/1964, 325/1964 and 1963/1973, having an extent of 3 acres and 28 cents were given Patta in favour of the grand father of the writ petitioner Mr.Aadhimoolam on 19.08.2014. Certain portions of the properties comprised in Document Nos. 318/1964, 325/1964 and 1963/1973 has been included in the Patta issued to the extent of 3 acres and 28 cents and the remaining extent of 1 acre and 77 cents are declared as “jupR” land against the truth and the said properties are belonging to the family members of the writ petitioner.
3. The learned counsel for the petitioner mainly contended that the Patta lands are erroneously reclassified as Government “jupR” lands and the petitioner being the Pattadar of the properties is entitled to hold the same. On account of wrong classifications, the Patta has been refused in favour of the petitioner and the petitioner is constrained to move the present writ petition.
4. The learned Additional Government Pleader assisted by Smt.G.Karpagam, Tahsildar, Kandachipuram has furnished a copy of the written instructions, dated 23.09.2023, stating that the subject lands are classified as “jupR” in the Revenue Records. The said “jupR” lands are Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27585 of 2023 belonging to the Government and the petitioner or his family members are not eligible for the assignment of “jupR” lands, since the petitioner is now working in Indian Railways and the father of the writ petitioner, Thiru.Ramasamy was working as Village Administrative Officer and retired from service. Since the petitioner is owning the lands in Melvalai Village, he is not eligible for the Patta in respect of the Government “jupR” lands.
5. The learned Additional Government Pleader reiterated that the Government “jupR” lands are to be assigned only in favour of the landless poor people, by following the procedures as contemplated under the Revenue Standing Orders. If at all, the petitioner claims ownership of that particular land or states that the Government Authorities have wrongly classified the Patta lands as “jupR” lands, it is for the petitioner to approach the competent Civil Court of law for the purpose of establishing his right. Contrarily, the burden of proof cannot be shifted on the Government to establish the title of the petitioner by producing the documents. The Tahsildar, Kandachipuram has produced the records stating that the subject lands are classified as “jupR” lands. That being the factum, as per the records available, the petitioner has to establish his case through the documents and evidences, by approaching Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27585 of 2023 the competent Civil Court of law. The petitioner cannot insist for reverse burden of proof, which is impermissible under law, in such cases, where the Government lands are classified in the Revenue Records.
6. The documents produced by the respondents would be sufficient to form an opinion that the subject lands are classified as “jupR” and that being the factum, the petitioner is not entitled for the relief as such sought for in the present writ petition. More so, the petitioner and his family members are owing the lands in other locations and therefore they are not eligible to avail the benefit of the assignment of the Government lands at free of cost under the Revenue Standing Orders. Thus, the petitioner is not eligible for the relief as such sought for in the present writ petition.
7. Accordingly, the writ petition stands dismissed. No costs.
26.09.2023 veda/mkn2 Index : Yes/No Speaking order/Non speaking order Neutral Citation : Yes /No Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27585 of 2023 To
1.The Commissioner, Land Administration, Ezhilagam, Chepauk, Chennai – 600 005.
2.The District Collector, Villupuram District, Villupuram.
3.The District Revenue Officer, Villupuram District, Villupuram.
4.The Tahsildar, Kandachipuram Taluk, Villupuram.
Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.27585 of 2023 S.M.SUBRAMANIAM, J.
veda/mkn2 W.P.No.27585 of 2023 26.09.2023 Page 7 of 7 https://www.mhc.tn.gov.in/judis