Chinnu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.3214 of 2024 Chinnu ... Petitioner Vs.
1.The District Collector Ariyalur District, Ariyalur-621 704 2.The District Revenue Officer, Ariyalur District, Ariyalur-621 704 3.The Revenue Divisional Officer Ariyalur District, Ariyalur-621704 4.The Tahsildar Sendurai Taluk, Ariyalur District-621714 5.The Block Development Officer Sendurai Block, Sendurai, Ariyalur District
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, call for the records relating to the impugned order passed by the 4th respondent in 1/5
O.Mu.No.3062/2023/(Aa2) dated 15.9.2023 quash the same and consequently direct the 4th respondent to issue patta to the petitioner. For Petitioner : M/s.D.Ashokkumar For Respondents : M/s.P.Sathish, AGP for R.1 to R.4.
: M/s.Venkateswaran, Spl.Govt. Pleader for R5.
O R D E R
The petitioner seeks to set aside aside the order passed by the 4th respondent dated 15.09.2023 and consequently direct the 4th respondent to issue patta.
2. It is the contention of the petitioner that he is residing in a small hut in S.No.266/21. He has been residing in the land for over 50 years. The land has been classified as Government Poromboke with remarks "Well". Since he has been residing in the said premises, he had requested the 4th respondent for grant of patta. This request has been rejected. Therefore, the petitioner is before this Court.
3. Heard the counsels on either side and perused the records. 2/5
4. A perusal of the impugned order as well as the contents of the affidavit filed in support of the Writ Petition would show that the land in question is a Government Poramboke with remarks "Well". The petitioner would submit that the Well has been closed and therefore, his request for patta can be considered as the respondents are planning to construct an Anganbadi in the subject land. The petitioner cannot as a matter of right seek patta in respect of the Government Poromboke land. Therefore, the impugned order passed by the 4th respondent dated 15.09.2023 does not suffer from any infirmity and the Writ Petition stands dismissed.
However, in the event of the respondent deciding to construct an Anganbadi in the subject property or allotting the same to some other persons, the petitioner request shall be first taken into consideration and patta issued to him. It is needless to state that the respondent shall not evict the petitioner from the subject land except by following due process of law. No costs. Consequently, the connected Miscellaneous Petition is closed. 29.01.
To 1.The District Collector Ariyalur District, Ariyalur-621 704 2.The District Revenue Officer, Ariyalur District, Ariyalur-621 704 3.The Revenue Divisional Officer Ariyalur District, Ariyalur-621704 4.The Tahsildar Sendurai Taluk, Ariyalur District-621714 5.The Block Development Officer Sendurai Block, Sendurai, Ariyalur District 4/5
P.T. ASHA . J., (shr) and W.M.P.No.3214 of 2024 29.01.2025 5/5