G.Balachandar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM G.Balachandar ... Petitioner Vs.

1.The District Collector, Perambalur District, Perambalur.

2.The Revenue Divisional Officer Perambalur, Perambalur District.

3.The Tashildar, Kunnam Taluk, Perambalur District.

4.R.Selvaraju 5.K.Mahalingam ... Respondents (R4 & R5 impleaded vide order dated 03.07.2023 made in W.M.P.No.18783 of 2023) Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 25.02.2023 and consequently direct the 3rd respondent to issue patta in favour of the petitioner by implementing the G.O. Ms. No.854 Revenue Ni.Mu.1(2) Dept. dated 30.12.2006; G.O. Ms.No.34

Revenue LD I(2) Dept dated 23.01.2008 Revenue LD 1(2) Dept. and G.O.Ms No.43 passed by Revenue Ni.Mu.1(2) Dept dated 29.01.2010. For Petitioner : Ms.S.Vinodha For Respondents 1 to 3 : Mr.D.Ravichander, Special Government Pleader For Respondents 4 & 5 : Mr.G.Ilamurugu

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to consider the petitioner's representation dated 25.02.2023 and consequently direct the 3rd respondent to issue patta in favour of the petitioner

2. The petitioner states that there is a Natham Poramboke land in S.No.10/21 measuring 2 cents and the same is with the possession of the petitioner for several years.

3. The petitioner himself admitted the fact that it is the Government Poramboke Land and therefore, the petitioner is not entitled to claim patta as a matter of right. In respect of the Government Scheme, the petitioner has to submit an application which is to be considered by the competent authorities,

based on the scheme if any in force and without discriminating the persons who all are eligible to secure such free house site patta. In otherwords, free house site patta is to be granted to the eligible persons in accordance with the Government Scheme if any in force. However, such patta in respect of Government Poramboke Land cannot be claimed as an absolute right by merely sending a representation.

4. This being the factum, the petitioner has not established even a semblance of legal right for the purpose of considering the relief sought for in the present writ petition.

5. With these observations, the writ petition stands dismissed. No costs.

25.07.2023 nl Index : Yes Speaking order

To 1.The District Collector, Perambalur District, Perambalur.

2.The Revenue Divisional Officer Perambalur, Perambalur District.

3.The Tashildar, Kunnam Taluk, Perambalur District.

S.M.SUBRAMANIAM, J.

nl 25.07.2023