AMARAVATHY CRANES AND STRUCTURALS LTD. Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS batch of writ petitions came to be posted on being specially ordered by the Hon'ble Chief Justice vide order dated 18.07.2012.

(2.) HEARD the arguments of Mr.N.Jothi, learned counsel appearing for Mr.N.Manokaran, learned counsel appearing for M/s.Amaravathi Cranes and Structurals Private Ltd, represented by its Directors (for short Amaravathy Cranes) in some writ petitions as well as for its Directors in their individual capacity in some writ petitions and Mr.D.S.Ramesh, learned counsel appearing for Rajendra Raja and others belonged to his group (for short they are called as Rajendra Raja group) claiming various reliefs and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the official respondents.

(3.) THE Board of Revenue on 11.09.1967 took a decision to set aside the existing registry made at the time of settlement in respect of the lands and decided to conduct a denova settlement enquiry after complying with the procedures contemplated under the Tamil Nadu Act 26 of 1948. A suo motu enquiry was taken up for the grant of ryotwari patta in respect of S.No.474/1 onwards in Morai village. The settlement Tahsildar at Chengalpattu was authorised to conduct an enquiry vide notification dated 19.5.1976. The Settlement Tahsildar had conducted an enquiry and included the land for the grant of ryotwari patta. He had passed an order on 23.7.1976, 24.07.1976 and 30.07.1976 in respect of proceedings in S.R.Nos.14 to 16 of 1976. The Settlement Tahsildar had issued ryotwari patta not only to the Amaravathy Cranes, but also to 46 other persons. The Amaravathy Cranes got ryotwari patta to an extent of 165 acres. In respect of other lands, several other individuals were given patta. No one questioned the ryotwari patta granted by the Settlement Tahsildar to those 46 persons by the same proceedings issued. The other lands were also classsified as assessed waste manavari, cart track poramboke, temple poramboke, assessed waster dry, channel porambokel, puzhakal poramboke and road poramboke. Subsequent to the amendment made to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as amended by the Tamil Nadu Act 17 of 1970, the Authorised Officer (Land Reforms), Kancheepuram under whose jurisdiction the lands were situated took an action in terms of the provisions of the Land Ceiling Act. He had published a draft settlement under Section 10(1) of the Land Reforms Act vide gazette notification, dated 25.03.1981 and served the copy on the Amaravathy Cranes.