This order permits the petitioner to withdraw a writ petition for declaration regarding land classification as Anadeenam Land, directing instead that the claim be made under Section 11 of the Tamil Nadu Estate Act.
Closed the Writ Petition; permitted the petitioner to file a claim under Section 11 of the Act before the concerned authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.11147 of 2011 and W.M.P.No.1 of 2011
M/s Umra Kavar Educational Trust, Represented by its Trustee Mr.S.D Manohar Kumar
... Petitioner
Vs.
Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declare that the impugned order of the 2nd respondent in Ref : S.R No.52/5A under Sec.No.15 D of the Tamil Nadu Estate (Abolition and Conversion into Ryotwari) Act 1948 classifying the land comprised in S.No.47/1 measuring 67 cents, S.No.47/2 measuring 1.96 acres and S.No.48/1 measuring 1.58 acres situated at Thozhupedu Village, Madurantakkam Taluk, Kanchipuram District “As Anadeenam Land” is null and void and ultra vires to the provisions of the Tamil Nadu Estate (Abolition and Conversion into Ryotwari) Act 1948 and consequently directing the 3rd respondent to issue Patta in respect of the above property in favour of the petitioner.
For Petitioner : M/s.N.Nagu Sah
For Respondents : Mr.G.Nanmaran, Special Government Pleader
O R D E R
When the matter is taken up for hearing, the learned counsel for the petitioner submitted that on perusal of the counter affidavit filed by the 3rd respondent, it is evident that the Thozhupedu Village in Madurantakkam Taluk was an inam village and classified the land comprised in S.No.47/1 measuring 67 cents, S.No.47/2 measuring 1.96 acres situated in the above said village as “Anadeenam Land” for which, the land was acquired by the Government on 01.10.1951 under the provisions of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948. While such being so, filing of this Writ Petition for declaration to declare that the disputed land is not “Anadeenam Land” under Sec.No.15 D of the Tamil Nadu Estate (Abolition and Conversion into Ryotwari) Act 1948 which is not sustainable. However, there is an alternative remedy available to the petitioner to make claim under Section 11 of the Act. Hence, he seeks permission of this Court to permit the petitioner to make appropriate claim before concerned authority.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
anu
To
W.P.No.11147 of 2011 and W.M.P.No.1 of 2011
1 issue framed by the court
Whether a Writ Petition seeking declaration that land is not 'Anadeenam Land' is maintainable when an alternative remedy under Section 11 exists.
3 provisions across 2 enactments
M/s Umra Kavar Educational Trust
The District Collector, Kanchipuram District
The Settlement Officer (North)
The Tahsildar, Madurantakkam Taluk
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
