A.Saravanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4759 of 2025 A.Saravanan ..Petitioner Vs.

1. The District Collector, Ranipet.

2. Revenue Divisional Officer, Arakkonam, Ranipet District.

3. The Tahsildar, Nemili Taluk, Ranipet District ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records relating to the proceedings of the 3rd respondent in Na.Ka.Ao1/348/2024 dated 30.04.2024. For Petitioner : Mr.K.Jayaraman For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R3 1/5

O R D E R

This writ petition has been filed challenging the impugned proceedings of the 3rd respondent made in Na.Ka.Ao1/348/2024 dated 30.04.2024 wherein the application submitted by the petitioner seeking for patta with respect to the property situated in Survey No.485 came to be rejected. 2.

Heard Mr.K.Jayaraman, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for Respondents 1 to 3.

3.

The grievance of the petitioner is that he is in possession and enjoyment of the property and all the adjacent owners have been granted patta. When the petitioner made an application seeking for patta with respect to the property in Survey No.485, the same was not considered. Hence, the petitioner filed a writ petition before this Court in WP No.3936 of 2024 and this writ petition was disposed of by an order dated 20.02.2024 by issuing necessary directions.

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4.

Pursuant to the above order, the claim made by the petitioner has been rejected by the 3rd respondent through the impugned proceedings dated 30.04.2024. Aggrieved by the same, the present writ petition has been filed before this Court.

5.

In all the revenue records, it is seen that the property in Survey No.484 measuring an extent of 0.02 hectares has been classified as "Eri". Since it is classified as a water body, the 3rd respondent has refused to issue patta. The Division Bench of this Court has categorically held that no patta should be issued for any land which has been classified as a water body. Hence, if any patta is granted by the 3rd respondent, it will tantamount to a contempt for violation of the orders passed by the Division Bench. Hence, as the property stands today, it has been classified as a Eri and there is no scope for issuing patta for the property. Unless there is any reclassification done, the petitioner cannot seek for issuance of patta for the property in survey No.485. 6.

In the light of the above discussion, the impugned proceedings of 3/5

the 3rd respondent does not suffer from any illegality warranting the interference of this Court. Accordingly, this Writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 18.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To

1. The District Collector, Ranipet.

2. Revenue Divisional Officer, Arakkonam, Ranipet District.

3. The Tahsildar, Nemili Taluk, Ranipet District N. ANAND VENKATESH, J.

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