Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 16 October 2026

Case Overview

  • Parties: Appellants – S. Gururaj (flat buyer) and Tamil Nadu Mercantile Bank Ltd (mortgagee); Respondents – Additional Chief Secretary/Commissioner of Land Administration and other officials of Tamil Nadu.
  • Civil Appeals: Nos. 13629, 13630, 13631 of 2026 challenging the order dated 26 December 2019 of the Commissioner of Land Administration (CLA) which set aside a Ryotwari patta granted on 21 January 2011 by the District Revenue Officer (DRO), Tiruvallur.
  • Land Details: Survey No. 572, Thirumullaivoyal Village, Tiruvallur District; total area 1.68 acres. The contested portion is 0.72 acres (72 cents) for which a Ryotwari patta was issued to P. Ramadoss. The land is recorded in the 1911 Resettlement Register as Government Poramboke – Kanakkan Kuttai (a communal water body).
  • Historical Chain: Sale deeds in 1980, 1988, 1999, and 2004 transferred ownership to P. Ramadoss, who obtained a building permit (C‑3031) on 24 May 2005 and later a Ryotwari patta on 21 January 2011.
  • Fraud Findings by CLA (26 Dec 2019):
  • The DRO lacked jurisdiction because the statutory limitation for applications under GO Ms 1300 (30 June 1975) and GO Ms 370 (31 March 1977) had expired.
  • The land is a poramboke water body; granting a patta over such land is illegal under Section 14‑A of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948.
  • The DRO mis‑recorded the file number and failed to obtain requisite reports, indicating a fraudulent grant.
  • Sub‑division of the land into S.No 572/1, 572/2, 572/3 was irregular, leading to construction of 20 apartments on 0.22 acres of the 0.72‑acre parcel.
  • Bank’s Position: TMB, as mortgagee, argued that the patta was obtained by fraud and therefore the mortgage charge is void; however, the Court preserved its statutory right to pursue SARFAESI action against the mortgagor.
  • Lower Court History: The High Court had dismissed Writ Petition 8661 of 2020, adopting the CLA’s conclusions that the patta was a product of administrative fraud.

Final Outcome

  • The Supreme Court dismissed all three Civil Appeals, confirming the CLA’s cancellation of the Ryotwari patta.
  • The Court directed the District Collector, Tiruvallur, to:
  • Evict all occupants and demolish unauthorised residential/commercial structures covering 0.22 acres within 16 weeks.
  • Restore the water body (Kanakkan Kuttai) to its original state.
  • Initiate severe disciplinary action and file criminal cases against the DRO, Tiruvallur, and all subordinate officials involved, barring them from key posts and placing them under vigilance surveillance.
  • The Court ordered the Chief Secretary, Tamil Nadu, to allot a vacant, commensurate site to the flat owners (represented by a society) within six months.
  • The Bank’s right to enforce SARFAESI remedies against the borrower remains intact, with the period of writ pendency excluded from limitation under Section 14 of the SARFAESI Act, 2002.
  • No costs were awarded; pending applications, if any, stand disposed of.

Topics: Land Patta Cancellation, Bank Mortgage Enforcement, Illegal Construction