M.Devaraj v. The Additional Principal Secretary /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Devaraj ... Petitioner Vs.

1.The Additional Principal Secretary / The Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai - 600 005.

2.The District Collector, Kallakurichi District.

3.The Revenue Thasildar, Sankarapuram Taluk, Kallakurichi District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue special patta to the petitioners agricultural land which is Government Punjai Tharisu Poramboke land as per the revenue records in Survey No.225/1 an extent of 0.70 cents situated at Kalayanallur Village, Sankarapuram Taluk Kallakurchi District, under the Government Scheme for giving land to landless poor people which published in People Charter 2007 by considering the petitioner's application dated 08.01.2018 preferred before the respondents.

For Petitioner : Mr.S.Mohamed Ansar For Respondents : Mr.D.Ravichander, Special Government Pleader

O R D E R

The writ petition has been sought for directing the respondents to issue special patta to the petitioner's agricultural land, which is Government Punjai Tharisu Poramboke land as per the revenue records.

2. The petitioner states that he is an agriculturist and cultivating crops in the Punjai Tharisu Poromboke in Survey No.225/1 an extent of 0.70 cents situated at Kalayanallur Village, Sankarapuram Taluk Kallakurchi District for the past 30 years.

3. Possession of Government patta land cannot confer any right on the petitioner to seek patta. Patta in respect of Government lands are to be considered based on the welfare schemes, if any, in force and in accordance with the terms and conditions of the scheme. Mere possession cannot be a ground to grant the relief, as such sought in the present writ petition.

4. Thus, the very representation submitted by the petitioner for grant of

patta in respect of Punjai Tharisu Poromboke land cannot be considered. If at all any scheme exist and the petitioner is a landless poor person, who is eligible for the benefit of the said scheme, then alone this case can be considered in accordance with the conditions stipulated. However, the petitioner has not stated any such scheme and thus, he is not entitled for the relief, as such sought for in the present writ petition.

5. Accordingly, the writ petition stands dismissed. No costs. 08.08.2023 skr Index : Yes Speaking order To 1.The Additional Principal Secretary / The Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai - 600 005.

2.The District Collector, Kallakurichi District.

3.The Revenue Thasildar, Sankarapuram Taluk, Kallakurichi District.

S.M.SUBRAMANIAM, J.

skr 08.08.2023