P.Venkatesan v. The Secretary to Government

ORDER

This writ petition is filed to call for the records in Pa.Mu.No.132/16625/2022 dated 11.05.2022 passed by the second respondent herein quash the same and consequently direct the first respondent to issue orders for grant of assignment patta in favour of petitioners for the lands comprised in Survey Nos.136/6 and 138/8 to an extent of 43 Ares and 30.5 Ares respectively Indhili Village, Kallakurichi taluk, Kallakurichi District.

¶2Learned counsel for the petitioner would submit that the petitioners are brother and holding possession over the lands comprised in S.Nos.136/6 and 136/8 to an extent of 43 & 30.5 Ares, respectively for more than 50 years. Therefore, the petitioners made a representation to the authorities for issuance of assignment patta in respect of the said land. However, the same was not considered. Hence, they filed a writ petition in W.P.No.22368 of 2014 to consider the said representation and this Court vide its order dated 20.08.2014 directed the authorities to consider the same within a period of eight weeks. Page3 of 6

2.1. Pursuant to which, the second respondent vide proceedings in Pa.Mu.132/16625/2021 dated 11.05.2022 passed an order declining to issue patta to the petitioners on the ground that the second respondent is competent to issue patta in respect of lands, which are valuable up to Rs.4,00,000/- and the land value more than Rs.4,00,000/- can only be assigned by Government. In present case, the value of the land comes to around Rs.29,24,324/-. Hence, challenging the said proceedings dated 11.05.2022, the petitioners have come forward with the present writ petition.

¶3Learned counsel for the petitioners would submit that in the event the second respondent has no power to issue assignment patta, where the land value is more than Rs.4,00,000/-, he ought to have referred the matter to the Government. However, in the case on hand, the second respondent has rejected the petitioners' claim by passing the impugned proceedings dated 11.05.2022.

¶4Learned Additional Government Pleader appearing for the respondents would fairly submit that the first respondent is the competent authority to issue assignment patta to the petitioners, since the land value has exceed the sum of Rs.4,00,000/-. Hence, this Court may direct the first respondent to issue the same to the petitioners, after conducting an enquiry. Page4 of 6

¶5Heard the learned counsel on either side and perused the materials available on record.

¶6As rightly contended by the learned counsel for the petitioner, in the event the second respondent has no power to issue patta, in respect of the lands which are having the value of more than Rs.4,00,000/-, he ought to have referred the matter to the first respondent to issue patta to the petitioners. However, in the case on hand, instead of referring the matter to the competent authority, the second respondent has passed the impugned proceedings by rejecting the petitioners' claim, which is not sustainable and liable to be set aside. Accordingly, this Court issues the following directions:

(i) The impugned proceedings dated 11.05.2022 is hereby set aside and the matter is remitted back to the first respondent for fresh consideration;

(ii) While considering the matter afresh, the first respondent is directed to consider the petitioners' possession in the subject land for more than 50 years;

(iii) The aforesaid exercise shall be completed within a period of six months from the date of receipt of a copy of this order. With the aforesaid direction, this writ petition is disposed of. No costs. 17-03-2026 Index: Yes/No Speaking/Non-speaking order VM Page5 of 6 To:

¶1The Secretary to Government, Revenue Department, Fort St.George, Chennai-600 009.

¶2The District Collector, Kallakurichi District, Office of the Collectorate, Kallakurichi District.

¶3The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

¶4The Revenue Tahsildar, Kallakurichi Taluk, Kallakurichi District. WPoNo.o29482oofo2022 KRISHNANoRAMASAMY,oJ. VM WPoNo.o29482oofo2022 17-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY 1. P.Venkatesan 2. P.Durai 3. P.Prabhakaran 4. P.Palanivel ..Petitioner(s) Vs 1. The Secretary to Government, Revenue Department, State of Tamil Nadu, Fort St.George, Chennai-600 009. 2. The District Collector, Kallakurichi District, Office of the Collectorate, Kallakurichi District. 3. The Revenue Divisional Officer, Kallakurichi, Kallakurichi District. 4. The Revenue Tahsildar, Kallakurichi Taluk, Kallakurichi District. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records in Pa.Mu.No.132/16625/2022 dated 11.05.2022 passed by the second respondent herein quash the same and consequently direct the first respondent to issue orders for grant of assignment patta in favour of petitioners for the lands comprised in Survey Nos.136/6 and 138/8 to an extent of 43 Ares and 30.5 Ares respectively Indhili Village, Kallakurichi taluk, Kallakurichi District. Page2 of 6 For Petitioner(s) : Mr.G.Surya Narayanan Mrs.Jayasudha Surya Narayanan For Respondent(s) : Mr.T.K.Saravanan, AGP