K. Prabakaran v. The Commissioner Of Land Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN K.Prabakaran S/o karuppananna Gounder ... Appellant Vs.

1. The Commissioner of Land Administration, Elizhagam, Chepauk,Chennai - 5

2. The Additional Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 9.

3. The District Collector, Namakkal District.

4. The Thasildar, Office of the Thasildar, Paramathi Vellur, Namakkal District.

... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 21.10.2024 passed in W.P.No.34285 of 2023. For Appellant : Mr.R.Nalliyappan For Respondents : Mr.Vadivel Deenadayalan, Addl.Govt.Pleader

JUDGMENT

(Judgment of the Court was delivered by J.Nisha Banu, J.) This Writ Appeal has been filed challenging the order dated 21.10.2024 passed in W.P.No.34285 of 2023, by which, the petitioner's claim seeking to grant long term lease in respect of the government poromboke land, was rejected.

2. Learned counsel for the appellant would state that the appellant intends to do coir business and the land in question is an unusable waste land and it can be given for lease to generate fund to the Government but without appreciating the same, the 3rd respondent rejected the claim of the appellant and the writ Court also, without appreciating the same, simply dismissed the writ petition.

3. Heard the learned counsel for the appellant and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

4. It is seen from the order passed in the writ petition that the petitioner had come before this Court thrice and the claim of the petitioner was considered and rejected. The Tahsildar has filed a counter in the writ petition stating that the said land is classified as Natham Porampoke land and it is intended to be allotted to the landless poor and that the petitioner, in order to stall the proceedings of the Government in providing free house site patta to the landless poor belonging to schedule caste, had indulged in filing writ petition after writ petition, seeking to grant long term lease.

Considering the above said facts, the writ Court had rejected the writ petition stating that the petitioner, as a matter of right cannot seek for long term lease of land which is classified as Natham Poramboke land.

5. As rightly pointed out by this Court in the writ petition, the petitioner, as a matter of right, cannot seek for long term lease as the said land is meant for providing free house site for landless poor. This Court finds no infirmity or illegality in the said order passed in the writ petition and thus, we are not inclined to entertain this Writ Appeal. Accordingly, the Writ Appeal fails and the same stands dismissed. No costs. [J.N.B.,J.] [M.J.R.,J.] 02.06.2025 vsi Index:Yes/No Speaking order/Non-speaking order To

1. The Commissioner of Land Administration, Elizhagam, Chepauk,Chennai - 5

2. The Additional Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai - 9.

3. The District Collector, Namakkal District.

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi

4. The Thasildar, Office of the Thasildar, Paramathi Vellur, Namakkal District.

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02.06.2025