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Madras High CourtWP/28853/2012dismissed

S.Mani, v. Commissioner For Land

2018-11-16Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2018

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.28853 of 2012 S. Mani ..

Petitioner

Versus

1. The Commissioner for Land Administration, Chepauk, Chennai-5

2. The District Collector

3. The District Revenue Officer,

4. The Revenue Divisional Officer,Cheyyar

5. The Tahsildar,Arni town, Arni, ..

Respondents PRAYER:Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relation to the impugned order bearing No.NiMuG1/18357/2010 dated 14.03.2012 by the 5th respondent and quash the same and consequently direct the respondents to issue patta to the petitioner for his occupation in E/18, T.S.No.64/1, 2 cents at No.21, Manager Murugesan Street, Arunagirichatiram, Arni.

For Petitioner :: No Appearance For Respondents R1-R5 :: Mrs.Sri Jayanthi (Special Government Pleader)

ORDER

There is no representation for the petitioner. The writ petition has been filed in the nature of

Certiorarified Mandamus to call for records relating to the order dated 14.03.2012 passed by the fifth respondent and consequently issue patta to the petitioner for his occupation of Government poromboke land subsequently categorized as Gramanatham land in E/18, T.S.No.64/1, measuring two cents at No.21, Manager Murugesan Street, Arunagirichatiram, Arni.

2. The petitioner in his writ petition had stated that he had earlier filed W.P.No.22472 of 2010 seeking patta in accordance with his earlier representation dated 14.06.2010. This Court has passed an order dated 01.10.2010 directing the respondents to pass orders on the representation.

3. On 14.03.2012, the fifth respondent passed the impugned order stating that the petitioner was already got patta for the property in his occupation. It was stated that in S.No.64/1, no one is in occupation and consequently, patta cannot be issued. This writ petition has therefore been filed seeking patta.

4. In the impugned order it is stated that no one is in occupation of the property in S.No.64/1. It is Gramanatham land. I find no infirmity in the impugned order. The petitioner has established neither possession nor title. He is not entitled for patta. I further hold that the petitioner is attempting to regularise title over unoccupied Gramanatham land.

5. This writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar smv/nvi To,

1. The Commissioner for Land Administration, Chepauk, Chennai-5

2. The District Collector

3. The District Revenue Officer,

4. The Revenue Divisional Officer,cheyyar

5. The Tahsildar,arni town,Arni +1 CC TO GOVERNMENT PLEADER SR.NO. 79207 W.P.No.28853 of 2012 ASK(14/12/2018)