D. GOPAL Vs. ADDITIONAL CHIEF SECRETARY

JUDGEMENT

(1.) An extent of 4.30 acres of land in S.No.109/21, Pachudayanpatti Village, Sendhamangalam Taluk, Namakkal District was settled as royatwari dry and patta was issued in the name of Mr.Radha Krishnan Chettiar and four others under the Tamil Nadu Estates (Abolition and Conversion in Royatwari) Act, 1948 (hereinafter referred to as "the Act"). The said survey number (S.No.109/21) was sub divided as S.No.109/21A to 109/21F and patta was issued to various persons based on transaction held subsequently.

(2.) In view of Section 14-A (2) of the Tamil Nadu Estates (Abolition and Conversion in Royatwari) Act, 1948 (amended Act 49/1974), these pattas were cancelled by the Assistant Settlement Officer, Salem vide his order dated 15.12.1975 and the land was classified as communal poromboke. This was challenged by the aggireved pattadars. After enquiry, patta was issued to the following persons:-

(3.) The case of the petitioners is that, patta was issued in their favour by the second respondent vide his proceeding dated 06.04.1998. While so, after lapse of 14 years, the third respondent / Smt.Amsavalli Selvam, in the capacity of Panchayat President, Pachudayampatti Panchayat, Pachudayampatti Village, Sendhamangalam Taluk, Namakkam District made representation to the second respondent to cancell the patta. Her representation was dismissed by the District Revenue Officer (second respondent) on 14.09.2012. While so, pursuant to the direction of the High Court in W.P.No.4926 of 2013 filed by the third respondent, the first respondent (Commissioner of Land Administration) has passed an order on 27.08.2019, partly allowing the appeal of the third respondent and remanded the matter to the District Revenue Officer for fresh enquiry. The said order is impugned in this writ petition.