The Hindu : Tamil Nadu / Chennai News : Interim stay of order granting patta for 56 acres

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Wednesday, Nov 04, 2009
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Tamil Nadu

Tamil Nadu - Chennai

Interim stay of order granting patta for 56 acres

Special Correspondent

The land had been classified as “sarkar poromboke”

Land belongs to the King Institute, Guindy
SO’s order without following the procedure: judge

CHENNAI: The Madras High Court has granted interim stay of the operation of the order of a Settlement Officer (SO) of September last year allowing issue of patta to nine persons for about 56 acres of land classified as “sarkar poromboke” and belonging to the King Institute, Guindy. The value of the land is nearly Rs.400 crore.

Passing the interim order on a petition filed by the Tahsildar, Mambalam-Guindy taluk, Justice V.Dhanapalan has ordered notice.

In his petition, the Tahsildar, A.Nandakumar, said the property was part of the Adyar Zamin and was notified under the provisions of the Tamil Nadu Estates Abolition and Conversion into Ryotwari Act, 1948, vide a G.O. dated December 9, 1959.

As far as Adyar Zamin was concerned, the entire estate was settled under the provisions of the legislation and the entire settlement was completed. The property which was under public use was classified as “Government Poromboke.” The land was in possession of the institute as per the settlement records which were concluded 60 years ago. The King Institute had been in continuous possession of the property for over 100 years.

Kaneez Fathima and eight others filed an application for change of classification of the lands concerned and sought issue of patta.

The SO, Chepauk, had not considered the usage of the land, its potential value, classification and tenure of the land. By an order dated September 1, 2008, the SO ordered issue of patta.

In the petition, the nine had been cited as respondents, represented by power of attorney.

The Tahsildar said the respondents had not discharged the burden by way of original and authenticated documents before the SO. The officer’s order was erroneous and not sustainable.

He prayed the court to quash the order. A stay petition was also filed.

In his order, Mr. Justice Dhanapalan said the Additional Advocate-General, P.Wilson, had contended that the SO’s order was without following the procedure. Mr.Wilson had also said the officer had no jurisdiction to entertain the application, especially when during the settlement the land had been classified as “Government Poromboke” and the classification had not been challenged.

The Judge said considering the circumstances, there would be an order of interim stay.

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