Document Fragment View

Matching Fragments

https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/08/2025 04:40:03 pm ) W.P.(MD)No.25309 of 2023 and batch

23. In view of the provisions and rules framed thereunder, a time period of six months was fixed for the ryots to seek for grant of ryotwari patta in respect of any lands to the Settlement Officer from the notified date. However, later, the Government had issued G.O.Ms.No.1300, Revenue Department, dated 30.04.1971, wherein, the grant of patta to persons, who are in continuous possession and enjoyment, was allowed outside the purview of the Act subject to satisfying the conditions contained therein. This Government Order enable the ryots or any persons claiming pre- existing rights, who had not availed the ryotwari patta under the Act, to file an application and seek for ryotwari patta. By the Government Order, the persons, who failed to avail the relief, were extended with the benefit of getting ryotwari patta beyond the purview of the Act subject to the original conditions and restrictions, as contemplated under the Act.

24. However no one is entitled to claim for any ryotwari patta in respect of any water body viz. river, tank, oorani, kanmaai, etc. More over, the Settlement Officer, who was appointed under Section 5 of the Act, even though in view of G.O.Ms.No.1300, was entitled to consider the application for issuance of ryotwari patta on satisfying the conditions therein, still the https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/08/2025 04:40:03 pm ) W.P.(MD)No.25309 of 2023 and batch Settlement Officer has no power to re-classify the land or change the classification of the land, while considering the application for grant of ryotwari patta outside the purview of the Act. For sake of completion, it is also to be noted that subsequently G.O. Ms. No.714 dated 29.06.1987 was issued, where by rules were amended and notified on 20.07.1987 and the ceiling date for entertaining any claim for issuance of royatwari patta would be 20.08.1987.