Kanniyammal v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR Kanniyammal .. Petitioner

Versus

1.The Principal Secretary to Government Department of Revenue Secretariat, Chennai - 600 009 2.The Commissioner of Land Administration Department 2nd Floor, Ezhilagam, Chennai - 600 005 3.The District Collector Chengalpattu District 4.The District Adi Dravidar & Tribunal Welfare Officer Collectorate Complex Chengalpattu District 5.The Assistant Director of Survey & Land Records District Survey Office Collectorate Complex Chengalpattu District 6.The Revenue Divisional Officer Tambaram Taluk Office Chennai - 600 045 7.The Tahsildar 1/6

8.The Village Administrative Officer

9. The Head Surveyor Office of Pallavaram Taluk Pallavaram, Chennai - 600 043 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st to 9th respondents to consider the petitioners representation dated 31.07.2024 by conducting through enquiry to issue patta record situated on a Pattaiporomboke (Cart Track) at S.No. 251/4 situate at No.16, 1st Street, IyyappanKoil, Madipakkam Chennai-600 091 to the petitioners name.

For Petitioner : Mr.S.Venkateswaran For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

The petitioner herein seeks for a direction to respondent to consider the petitioner's representation dated 31.07.2024 seeking patta in respect of the property classified as Pattaiporomboke (Cart Track) at S.No. 251/4 situated at No.16, 1st Street, IyyappanKoil, Madipakkam, Chennai - 600 091.

2. It is the case of the writ petitioner that she has been in possession and enjoyment of the above mentioned property for more than 50 years and she submitted a representation seeking issuance of patta based on her long possession and the same has not been considered by the official respondents. It 2/6

is also further submitted that the official respondents are attempting to disturb her possession without following due process of law. Hence, seeks a direction as mentioned above.

3. It is submitted by the learned Additional Government Pleader that the subject property is classified as Pattai Poramboke in Village A-Register and other revenue records and hence, the request of the petitioner for grant of patta cannot be considered. He also produced a copy of the A-Register and on perusal of the same, it would suggest that the S.No.251/4, over which the petitioner claiming right, is classified as Sarkar Poramboke and in the remarks column it is mentioned as Pattai (Cart Track).

4. In view of the same, this Court is not inclined to issue any directions to the respondents to consider the request of the petitioner for issuance of patta. However, it is asserted by the petitioner that she is in possession of the property and her possession of the property is attempted to be disturbed by the respondents without following due process of law. Hence, the respondents are directed not to disturb the possession of the petitioner except by following due process of law.

3/6

5. Accordingly, this writ petition stands disposed of. No costs. 28.10.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To 1.The Principal Secretary to Government Department of Revenue Secretariat, Chennai - 600 009 2.The Commissioner of Land Administration Department 2nd Floor, Ezhilagam, Chennai - 600 005 3.The District Collector Chengalpattu District 4.The District Adi Dravidar & Tribunal Welfare Officer Collectorate Complex Chengalpattu District 5.The Assistant Director of Survey & Land Records District Survey Office Collectorate Complex Chengalpattu District 6.The Revenue Divisional Officer Tambaram Taluk Office Chennai - 600 045 7.The Tahsildar 8.The Village Administrative Officer 4/6

9. The Head Surveyor Office of Pallavaram Taluk Pallavaram, Chennai - 600 043 S. SOUNTHAR , J.

5/6

dhk W.P.No.31826 of 2024 28.10.2024 6/6