K.Ramalingam v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.3141 of 2008 1 K.RAMALINGAM 2 K.PONNUSAMY 3 K.PALANIAPPAN 4 K.THALIYANNA GOUNDER 5 K.NARAYANASAMY 6 K.BALAJI 7 P.RAJENDIRAN 8 S.MANIKKAM 9 P.MANI 10 M.SETTU 11 M.PULLIAN 12 G.KATHIR 13 P.LOGANATHAN 14 A.ELANGOVAN 15 R.SUNDARAM 16 V.AYYANAR 17 P.SHANMUGAM 18 P.KITTU 19 V.GANESAN 20 V.ANDAL 21 K.SUBRAMANI 22 C.BALAN 23 KRISHNAN 24 S.ERUSA GOUNDER 25 S.MURUGAN 26 R.MURUGAN 27 R.RANGAR 28 P.SEVI 29 S.NARAYANAN 30 C.MURUGAN .. Petitioners Vs 1 STATE OF TAMILNADU REP. BY THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT FORT ST.GEORGE, CHENNAI - 9.
2 THE DISTRICT COLLECTOR SALEM DISTRICT SALEM.
3 THE DISTRICT REVENUE OFFICER SALEM DISTRICT SALEM.
4 THE REVENUE DIVISIONAL OFFICER SANKARI TALUK SALEM DISTRICT.
5 THE TAHSILDAR SANKARI TALUK SALEM DISTRICT.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 1, 2, 4 and 5 to pass orders on the recommendation of the third respondent by the proceedings bearing Ref.R.Dis.75615/71K3, dated 26.9.1971 and Nimu.702/C3(K3), dated 13.3.1973, duly assigning the lands to the petitioners in Survey No.344/1, Chinnamanali Village, Edappady Taluk, Salem District and classified as "Attrumedu Poramboke" and treated as unobjectionable poramboke.
For Petitioners : Mr.Bharathachakaravarthy for M/s.Sai and Bharath For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.)
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioners have filed the above writ petition to issue a writ of mandamus directing respondents 1, 2, 4 and 5 to pass orders on the recommendation of the third respondent by the proceedings bearing Ref.R.Dis.75615/71K3, dated 26.9.1971 and Nimu.702/C3(K3), dated 13.3.1973, duly assigning the lands to the petitioners in Survey No.344/1, Chinnamanali Village, Edappady Taluk, Salem District and
classified as "Attrumedu Poramboke" and treated as unobjectionable poramboke.
2. It is the case of the petitioners that the lands in Survey No.344/1 have been re-classified as A.W.W. from Eri Poramboke and, therefore, the authorities may be directed to assign the lands in favour of the petitioners.
3. The learned counsel appearing for the petitioners relied upon a proceedings dated 26.9.1971 of the District Revenue Officer, Salem. However, on a perusal of the said document, it could be seen that the lands in Survey No.344/1 remain as Eri Poramboke.
4. Respondents 1 to 5 also filed a status report, wherein they have stated that Survey No.344/1 is classified as a water body and it cannot be assigned in favour of any individual.
5. The learned Government Pleader (i/c.) also produced the revenue records, wherein in respect of Survey No.344/1, the classification has been mentioned as water body.
6. When the land in dispute is a water body as per the revenue records as well as the proceedings of the District Revenue Officer, Salem dated 26.9.1971, the said water body cannot be assigned in favour of any individual.
7. In these circumstances, we are not inclined to entertain the writ petition filed by the petitioners seeking assignment of the lands.
In the result, the writ petition is dismissed. No costs. Consequently, M.P.No.1 of 2008 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:
1 THE SECRETARY TO GOVERNMENT STATE OF TAMILNADU REVENUE DEPARTMENT FORT ST.GEORGE, CHENNAI - 9.
2 THE DISTRICT COLLECTOR SALEM DISTRICT SALEM.
3 THE DISTRICT REVENUE OFFICER SALEM DISTRICT SALEM.
4 THE REVENUE DIVISIONAL OFFICER SANKARI TALUK SALEM DISTRICT.
5 THE TAHSILDAR SANKARI TALUK SALEM DISTRICT.
+1cc to M/s.Sai and Bharath, Advocate sr.63691 +1cc to Government Pleader sr.63867 W.P.No.3141 of 2008 spd(co) nr 22/08/2019