This Writ Petition is filed to issue a writ of certiorarified mandamus calling for the records of the first respondent in its proceedings under Ref.K3/20187/2008 dated 12.01.2009 and quash the same and direct the first respondent to restore the original classification of the land as Ryotwari manai by deleting the classification of land as Government poromboke kuttai in the records of the third respondent and thereby direct the third respondent to issue patta to the petitioner in respect of the schedule property at Door No.14/1, 14/2 and 14/3, Paper Mills Road Lane, Markandeyan Street, Peravallur, Chennai 600 082 in respect of Old.S.No.35/1, S.No.35/10 (Part) T.S.No.33 Block No.22 of Peravallur Village, Perambur Taluk. /
2. Though the learned counsel who appeared for the petitioner in the earlier occasions, submitted that the petitioner already obtained the entire bundle along with change of vakalat long back, even then, the petitioner failed to engage any new counsel to represent on his behalf.
3. The case of the petitioner is that the petitioner purchased the subject property by the sale deed dated 16.07.2007 registered vide document No.6574 of 2007 from one Palani and others. His vendors initiated proceedings seeking classification of the land as 'ryotwari manai' by deleting the reclassification as 'Government poramboke kuttai'. By the proceedings of the first respondent, the request made by his vendors was rejected and the same was challenged before this Court in WP.No.5679 of 2004 and this Court by order dated 25.06.2008 remanded the request made by his vendors and directed the first respondent to consider the same afresh and quashed the order dated 30.01.2004. Again, the first respondent considered the petition filed by his vendors and rejected the request made by his vendors. When the proceedings was very much pending before the first respondent, the petitioner purchased the subject property on 16.07.2007. /
4. On perusal of the records revealed that the first respondent conducted detailed enquiry and all the parties concerned appeared before the first respondent and submitted their documents with claim. According to the vendors of the petitioner, they requested to restore the classification as 'ryotwari manai'. However, the Collector passed order without verifying the relevant records and documents. On perusal of the records, shows that during the Town Survey Operations conducted in the year 1965, the subject property has been classified as kuttai poramboke, which means it belongs to Government. As per Section 12 of the Tamil Nadu Survey and Boundaries Act, VIII of 1923, if any grievance over the Town Survey Operations, the affected person may appeal to the prescribed Officer within a period of one month. Whereas in the present case, the vendors of the petitioner did not file any appeal in time against the entry made during the Town Survey Operations.
5. That apart, the counter parties filed suit as against the vendors of the petitioner in OS.No.2627 of 2001 on the file of the City Civil Court, Chennai and by the judgment and decree dated 07.11.2002, concluded that / the subject property belongs to the Government. Therefore, the first respondent rightly concluded that the subject property was classified as Government poramboke and the request for change of classification was rightly rejected by the first respondent. Therefore, this Court finds no infirmity or illegality in the order passed by the first respondent.
6. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No order as to costs. 13.08.2021 Index:Yes/No Internet:Yes/No Speaking/Non-speaking / G.K.ILANTHIRAIYAN,J. 1.The Special Commissioner & Commissioner of Land Administration, Chepauk, Chennai 600 005 2.The District Collector, Chennai District, Rajaji Salai, Chennai 600 001 3.The Tahsildar, Purasawalkam-Perambur Taluk, Perambur, Chennai 600 011 13.08.2021 /