Disposed

Henry v. The State of Tamil Nadu

Madras HC21 Sept 2023WP/23726/2022

Case brief

AI extract

What is this about?

The High Court held that petitioners seeking the quashing of the Revenue Divisional Officer's order must first exhaust their remedy by filing an appeal before the District Revenue Officer. The Court directed the DRO to conduct an enquiry on merits and pass appropriate orders within three months before disposing of the writ petitions.

What did the court decide?

The Revenue Divisional Officer is directed to conduct an enquiry on merits, affording parties an opportunity to be heard, and pass appropriate orders within three months. Writ petitions are disposed o

Henry Vs The State of Tamil Nadu — Land Acquisition | Madras HC (2023)

¶1

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 21.09.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶6

W.P.Nos.23726, 23733, 23737, 23740 and 23742 of 2022 and

¶7

W.M.P.Nos.22675, 22688, 22690, 22699, 22700, 22692, 22693, 22703, and 22704 of 2022

¶8

W.P.No. 23726 of 2022

Mr.Henry

... Petitioner

Vs.

1.The State of Tamil Nadu,

¶13

Rep. by Principal Secretary of Land Administration,

¶14

Land Administration Department, 2^nd Floor, Ezhilagam, Chepauk,

¶15

Chennai – 600 005.

¶16

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

¶17

Tamil Nadu – 605 202.

¶18

3.The District Revenue Officer, Office of the Collectorate, Kallakurichi,

¶19

Tamil Nadu – 605 202.

¶20

4.The Revenue Divisional Officer, Office of the Collectorate, Kallakurichi,

¶21

Page 1 of 12

¶22

https://www.mhc.tn.gov.in/judis

¶23

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶24

Tamil Nadu – 605 202.

¶25

5.The Tahsildar, Chinna Salem, Kallakurichi District.

¶26

6.Thiru.R.Durai

¶27

7.Thiru Dhevaraj ... Respondents

¶28

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 4^th respondent herein in his proceedings in Ni. Mu. A2 / 2659 / 2020 dated 28.12.2021 and quash the same and consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of petitioners property measuring an extent of 2 Acres 55 cents situated at S. No. 82 / 4 and 82 /7 Pusappadi village Kallakurichi taluk kallakurichi district .

¶29

W.P.No.23733 of 2022

¶30

Vishwanath ... Petitioner

¶31

Vs.

¶32

1.The State of Tamil Nadu, Rep. by Principal Secretary of Land Administration, Land Administration Department, 2^nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.

¶33

2.The District Collector, Office of the Collectorate,

¶34

Page 2 of 12

¶35

https://www.mhc.tn.gov.in/judis

¶36

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶37

Kallakurichi, Tamil Nadu – 605 202.

¶38

3.The District Revenue Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶39

4.The Revenue Divisional Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶40

5.The Tahsildar, Chinna Salem, Kallakurichi District.

¶41

6.Thiru.R.Durai

¶42

7.Thiru Dhevaraj ... Respondents

¶43

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 4th respondent herein in his proceedings in Ni. Mu. A2 / 2659 / 2020 dated 28.12.2021 and quash the same and consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of petitioners property measuring an extent of 1 Acres 41 cents situated at S. No. 14/1 and 14 / 5 Pusappadi village Kallakurichi Taluk, Kallakurichi District.

¶44

Page 3 of 12

¶45

https://www.mhc.tn.gov.in/judis

¶46

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶47

W.P.No.23737 of 2022

Mr.Natesan

... Petitioner

Vs.

1.The State of Tamil Nadu, Rep. by Principal Secretary of Land Administration, Land Administration Department, 2^nd Floor, Ezhilagam, Chepauk,

¶52

Chennai – 600 005.

¶53

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

¶54

Tamil Nadu – 605 202.

¶55

3.The District Revenue Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶56

4.The Revenue Divisional Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶57

5.The Tahsildar, Chinna Salem, Kallakurichi District.

¶58

6.Thiru.R.Durai

¶59

7.Thiru Dhevaraj

¶60

... Respondents

¶61

Prayer: Writ Petition is filed under Article 226 of the Constitution of India,

¶62

Page 4 of 12

¶63

https://www.mhc.tn.gov.in/judis

¶64

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶65

to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 4th respondent herein in his proceedings in Ni. Mu. A2 / 2659 / 2020 dated 28.12.2021 and quash the same and consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of petitioners property measuring an extent of 1 Acres 24 cents situated at S. No. 77/1 C and 81 / 4 Pusappadi village Kallakurichi Taluk, Kallakurichi District.

¶66

W.P.No.23740 of 2022

¶67

Mr.Seeralan ... Petitioner

¶68

Vs.

¶69

1.The State of Tamil Nadu, Rep. by Principal Secretary of Land Administration, Land Administration Department, 2^nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.

¶70

2.The District Collector, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶71

3.The District Revenue Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶72

4.The Revenue Divisional Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶73

Page 5 of 12

¶74

https://www.mhc.tn.gov.in/judis

¶75

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶76

5.The Tahsildar, Chinna Salem, Kallakurichi District.

6.Thiru.R.Durai

7.Thiru Dhevaraj

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 4th respondent herein in his proceedings in Ni. Mu. A2 / 2659 / 2020 dated 28.12.2021 and quash the same and consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of petitioners property measuring an extent of 1 Acres 13 cents situated at S. No. 80/1A and 80/1H Pusappadi village Kallakurichi Taluk, Kallakurichi District.

¶81

W.P.No.23742 of 2022

¶82

Mr.Chinnasamy ... Petitioner

¶83

Vs.

¶84

1.The State of Tamil Nadu, Rep. by Principal Secretary of Land Administration, Land Administration Department, 2^nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.

¶85

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

¶86

Page 6 of 12

¶87

https://www.mhc.tn.gov.in/judis

¶88

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶89

Tamil Nadu – 605 202.

¶90

3.The District Revenue Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶91

4.The Revenue Divisional Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶92

5.The Tahsildar, Chinna Salem, Kallakurichi District.

¶93

6.Thiru.R.Durai

¶94

7.Thiru Dhevaraj

¶95

... Respondents

¶96

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 4th respondent herein in his proceedings in Ni. Mu. A2 / 2659 / 2020 dated 28.12.2021 and quash the same and consequently direct the respondents herein not to interfere with the peaceful possession and enjoyment of petitioners property measuring an extent of 3 Acres 20 cents situated at S. No. 82/2 Pusappadi village Kallakurichi Taluk, Kallakurichi District.

¶97

For Petitioners : Mr.J.Prakasam (in all W.Ps) For R1 to R5 : Mr.T.Arunkumar, Additional Government Pleader

¶98

Page 7 of 12

¶99

https://www.mhc.tn.gov.in/judis

¶100

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶101

(in all W.Ps) : No appearance (in all W.Ps)

¶102

For R6 & R7

¶103

C O M M O N O R D E R

¶104

The order passed by the Revenue Divisional Officer, Kallakurichi is sought to be quashed in the present writ petitions.

¶105

The claim of the petitioners is that the said lands are not DC lands.

¶106

The petitioners states that they are not in occupation and enjoyment of the subject land for several years. The land was settled for valid consideration and therefore the order of the Revenue Divisional Officer is perverse.

¶107

The order of the Revenue Divisional Officer reveals that the subject land has been alloted for depressed class community people. Therefore, a complaint was registered before the National Commission for Scheduled Caste Community and the Commission passed an order to conduct an enquiry. Based on the enquiry, the Revenue Divisional Officer held that the subject land belonging to the Government was allotted for the welfare of the Adi dravida People. It is classified as 'Tarisu' and therefore, an order was passed to cancel the Patta erroneously, granted in favour other person and to

¶108

Page 8 of 12

¶109

https://www.mhc.tn.gov.in/judis

¶110

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶111

restore the land for the benefit of the Adi Dravida Community people.

¶112

Such lands alloted for Adi Dravida people are to be assigned by verifying the eligibility for the welfare scheme to provide land at free of cost for the upliftment of the scheduled castes community people. The landless persons are eligible for such assignment and the eligibility conditions are to be scrupulously followed by the Authorities.

¶113

The petitioners claim right from the subject property. The Revenue

¶114

Divisional Officer in his order impugned stated that an appeal may be filed within a period of 30 days from the District Revenue Officer. The learned Counsel for the petitioner states that the Revenue Divisional Officer is an incompetent Authority.

¶115

May that as it be, the order itself stipulates a provision for an appeal to be filed before the District Revenue Officer and accordingly the petitioners have already preferred an appeal before the District Revenue Officer.

¶116

Exhausting the appellate remedy is a paramount important. Factual

¶117

Page 9 of 12

¶118

https://www.mhc.tn.gov.in/judis

¶119

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶120

findings are relevant in the present case. Such factual findings would be of greater assistance for the High Court for the effective exercise of the powers of the Judicial Review.

¶121

The District Revenue Officer is competent to decide the issues relating to the classification of land and more specifically DC lands. This being the factum, the petitioners are at liberty to submit their objections and documents if any, before the District Revenue Officer, Kallakurichi for establishing their case. The petitioners are also at liberty to file an appeal before the District Revenue Officer, Kallakurichi, who shall entertain the same and decide the same on merit. The District Revenue Officer, Kallakurichi is directed to conduct an enquiry by affording an opportunity to all parties and pass appropriate orders on merits and in accordance with law as expeditiously possible and preferably within a period of three (3) months from the date of receipt of a copy of this order.

¶122

With these directions, the Writ Petitions are disposed of. No costs.

¶123

Consequently, connected miscellaneous petitions are closed.

¶124

Page 10 of 12

¶125

https://www.mhc.tn.gov.in/judis

¶126

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶127

21.09.2023

¶128

skr Index : Yes Speaking order Neutral Citation : Yes

¶129

¶130

1.The Principal Secretary of Land Administration, Land Administration Department,

¶131

2^nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.

¶132

2.The District Collector, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶133

3.The District Revenue Officer, Office of the Collectorate, Kallakurichi, Tamil Nadu – 605 202.

¶134

4.The Revenue Divisional Officer, Office of the Collectorate, Kallakurichi,

¶135

Tamil Nadu – 605 202.

¶136

5.The Tahsildar, Chinna Salem, Kallakurichi District.

¶137

https://www.mhc.tn.gov.in/judis

¶138

Page 11 of 12

¶139

W.P.Nos.23726, 23733, 23737, 23740, and 23742 of 2022

¶140

S.M.SUBRAMANIAM, J.

¶141

skr

¶142

W.P.Nos.23726, 23733, 23740, 23737 and 23742 of 2022

¶143

21.09.2023

¶144

Page 12 of 12

¶145

https://www.mhc.tn.gov.in/judis

Henry v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Henry v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mangudi Village Panchayat Vs the Commissioner of Land

M.Sermarajan Vs The Government of Tamil Nadu

M.Sermarajan Vs The Government of Tamil Nadu

Kumaran Carbonates Private Limited Vs State Industries Promotion corporatioon of

A.Radhakrishnan, Vs The Commissioner of Land

P.Arun Vs District Collector