B CHANDRASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IT is well settled in law that when a statute requires that any particular thing has to be done in a manner prescribed under the statute, the same cannot be done in any other manner, and that other methods of performance are necessarily forbidden, vide Taylor v. Taylor, 1875 (1) Ch.D.426 and Ramachandra v. Govind, AIR 1975 SC 915. Any violation to the above rule will require the interference by this Court by way of judicial review. The Rule laid down in Taylor v. Taylor, 1875 (1) Ch.D.426 is attracted by the facts of the instant case, which are narrated in brief as follows: 2. The petitioners claim that they are in continuous possession and enjoyment of 1.50 acres of land in Survey No.96/1 and 3 acres in Survey No.97/3 in Thimmambet Village, Tirubathur Taluk, North Arcot Ambedkar District. They applied for grant of patta for the lands outside the scope of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1943. (Tamil Nadu Act XXVI of 1948) (hereinafter referred to as "the Act") by G.O.Ms.No.1300, Revenue Department, dated 30.4.1971 which reads as follows: GOVERNMENT OF TAMIL NADU ABSTRACT Lands - Lands in Estates taken over under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Grant of patta to persons in continuous possession and enjoyment - Orders passed: Revenue Department G.O.Ms.No.1300 Dated 30.4.1971 1. G.O.Ms.No.1501. Revenue dated 8.7.58. 2. Govt. Memo No.68348/Ji/63-3 Revenue dt. 19.9.1963. 3. G.O.MS.No.1312. Revenue dt.26.7,67. 4. G.O.Ms.No.1925. Revenue dt.3.11.67. 5. Govt. Memo N0.41399/JI/68-2. Revenue dt.16.7.68. 6. G.O.MS.No.641, Revenue dt.28.2.70. In the G.O. first read above, the Government passed orders that landholders who could not apply of ryotwari patta in time under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act. 1948 (Tamil Nadu XXVI of 1948) (hereinafter referred to as the Act) but who would have got patta if they had applied in time, might be granted patta outside the scope of the Act, if they apply to the Collector of the District concerned. In the Memo, second read above, the Government ordered that the vendees from the landholders might also be treated on . the same basis as landholders. Subsequently in 1967, the Government passed orders in the G.O. third read above that the concession allowed to the landholders should be executed to the ryots also and that they should be granted patta outside the scope of the Act on the same basis as laid down in the first read above. Thus the existing orders Provide for cases for the grant of patta to the landholders and ryots outside the scope of the Act in cases:- (i) Where the landholder or the ryot or the vendee have got patta if he had applied in time under the Abolition Act but failed to make the application in time, (ii) Where the parties case into possession of better documentary evidence showing better title to grant of patta which were not available at the time when the applicants were heard by the appropriate authorities under the Act.

(2.) IT has been brought to the notice of the Government that even the implementation of the orders referred to above, there are yet a large number of persons who have been in continuous possession and enjoyment of the land for years together in estate, taken over under the Act. Such persons have not been granted patta either because they did not come under the eligible category for the grant of patta under the Act or under the orders of the Government referred to above. IT has been represented that it will be a hardship if such persons who have been in continuous possession and enjoyment of their lands for together are not granted pattas.

(3.) IT is not in dispute that the Division Bench of this Court quashed the proceedings of the fourth respondent dated 4.2.1976 as well as the proceedings of the second respondent dated 19.5.1976 referred to above and set aside the order dated 26.6.1981 made in Writ Petition No.4082 of 1978 and remitted the matter to the fourth respondent for fresh consideration. After remittance, the fourth respondent, had inspected the impugned lands on 14.10.1983; again conducted enquiries and found that the petitioners' family is in continuous possession and enjoyment of the impugned lands since 1943 i.e. prior to taking over the village by the Government and thereafter. On the basis of the abovesaid findings, the fourth respondent, by proceedings dated 21.11.1983, tracing the history referred to above, granted patta with respect to the impugned lands of an extent of 1.50 acres in Survey No. 96/1 and 3 acres in Survey No.97/3 in favour of the petitioners as per G.O.Ms.No.1300, Revenue Department, dated 30.4.1971, which prescribes procedure to be followed in the matter of grant of patta outside the scope of Act and the further remedies thereon.