P.Vadivelu, (Senior Citizen) v. The Tahsildar, Velachery Taluk
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.24355 of 2016 P.Vadivelu .. Petitioner in person -vs1.The Tahsildar, Velachery Taluk Office, Tharamani, Chennai-600 113 2.The Collector of Chennai Chennai-600 001.
3.The Commissioner of Land Administration, Chepauk, Chennai-600 005.
Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to directing the respondents to take into consideration of the change of classification from Government Poramboke to Ryotwari Manai Under S. No.167 of Thiruvanmiyur Village as entered previously as Ryotwari manai in the A Register maintained by the Collectors Office. The Government has ordered that the power of change of classification of land in Tamil Nadu has been given to the Land Commissioner, but the taluk Tahsildar himself changed the classification as Ryotwari Manai in sue moto to some of the land owners land only and issued patta, it has to be applied to all as in the case of those issued patta by the Taluk Tahsildar Mylapore.
The land owners have received the plots from the Housing Board, a government body, as per the approved lay out plan on payment of necessary charge. Hence, they will also be eligible to get patta from the Taluk Office as in the case of other land owners and thus, prayed to direct to the Land Commissioner to change the classification to Ryotwari Manai and issue patta to the land owners who have purchased from the Housing Board on the line of the previous classification of Ryotwari Mani forthwith.
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For Petitioner :
Mr.P.Vadivelu Party-in-person For Respondents :
Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.Shanmugasundar, G.A.
O R D E R
(Order of the Court was made by The Hon'ble Chief Justice) The grievance is qua certain set of individuals who are stated to have been conveyed plots by Tamil Nadu Housing Board in pursuance to directions of the Court, but the Tahsildar is stated to be refusing to act on the same on the ground that it is Government land. On our query, the petitioner concedes that he is not one of the affected parties.
2.In our view, this is clearly an individual lis of those plot owners on one side and the action/inaction of the Tahsildar on the other. This cannot form subject matter of a public interest litigation. The affected parties are entitled to approach the Court for redressal of their grievances by taking out proceedings in accordance with law.
3.Writ petition is dismissed with the aforesaid liberty. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra To 1.The Tahsildar, Velachery Taluk Office, Tharamani, Chennai-600 113 2.The Collector of Chennai Chennai-600 001.
3.The Commissioner of Land Administration, Chepauk, Chennai-600 005.
+ 1 cc to Government Pleader Sr.39949 W.P.No.24355 of 2016 NRJK(CO) EU 1.08.16 https://hcservices.ecourts.gov.in/hcservices/