RAJESWARI Vs. COMMISSIONER OF LAND ADMINISTRATION

JUDGEMENT

(1.) The land in question is in Survey No.41/3 of Karunguzhipallam Village, Kancheepuram District. For the disposal of the writ appeal, certain factual details are necessary.

(2.) The land in question together with some other lands originally belonged to one Subbaraya Kottradiar. He executed a mortgage deed in favour of one Cunniah on 4-5-1926. The said Cunniah assigned the mortgage right in favour of one Anandalwar by a deed of assignment dated 13-8-1927. Further the said Anandalwar assigned the said lands in favour of one Sirur by a deed of assignment dated 21-5-1928. The High Court adjudicated Subaraya Kottradiar as insolvent by order dated 5-4-1927. The Official Assignee, therefore, conveyed the lands in favour of Sirur by a deed of sale dated 31-8-1929. Since the said Sirur failed to pay the tax due to the Government, the property was sold in revenue auction on 30-10-1933. One Kunnappa Naicker purchased the said land. He was issued with the patta bearing No.61. Since then, he was in possession and enjoyment of the land. Out of the total extent of the land, by a sale deed dated 25-6-1936, an extent of 121 acres was purchased by one Muthukrishna Naidu.

(3.) The said Muthukrishna Naidu executed a will bequeathing the properties in favour of the appellants, viz., his daughter and grand daughter respectively. Muthukrishna Naidu died on 23-11-1991 leaving behind the appellants as his heirs. Since both the appellants did not apply for patta, the land was subdivided and classified as "Anadeenam" and Government Poramboke. On coming to know the above classification, both the appellants applied to the Commissioner for Land Administration to cancel the classification as "Anadeenam" and that further request to reclassify the land as private patta land and also for issuance of patta in their names. The said request was forwarded to the Settlement Officer, Thanjavur, who, in turn, directed the Assistant Settlement Officer, Thiruvannamalai, to enquire into the matter and submit a report. The report dated 15-03-2001 was also submitted by the Assistant Settlement Officer. The Commissioner for Land Administration, by his proceedings dated 13-06-2001, after considering the report of the Assistant Settlement Officer, directed the District Revenue Officer, Kancheepuram District, to take necessary action on the application of the appellants on the basis of the documents and their enjoyment and also the documents relating to the UDR, though the said property is classified as "Anadeenam". Pursuant to the said order, the District Revenue Officer, by his proceedings dated 25-4-2002, directed reclassification of land as 'private patta land'. With the said conclusion, he directed the Tahsildar, Chenglepet, to carry out necessary changes in the Village and Taluk accounts.