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Madras High CourtWP/27714/2025dismissed

V.Rangarajan v. The State Of Tamil Nadu

2025-10-17Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. V.Rangarajan

2. R.Jayalakshmi

3. K.Sridhar

4. V.Nappinnai

5. N.Ramesh

6. G.Srinivas

7. R.Bama ... Petitioners -Vs1. The State of Tamil Nadu, Represented By the Secretary to Government, Revenue and Disaster Management Department, Survey and Settlement Wing, SS-II(1) Section, Fort St. George, Chennai-600 009.

2. The District Collector, Collector Office, "Ma Singaravelar Maaligai", Rajaji Salai, 4th Floor, No.62, George Town, Chennai-600 001.

3. The Tahsildar, Velachery Taluk, Velachery, Chennai-600 042.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to issue patta in the name of the petitioners individually for the property the vacant land measuring an extent of 4440 square feet bearing Door No.39, Damodarapuram Main Road, Adyar, Chennai-600 020, comprised in T.S.No.76, Block No.25, situated in Urur Village in View of the G.O.Ms.No.97, dated 21.02.2025, considering the petitioners' representation dated 13.05.2025. For Petitioners : Ms.Karthikaa Ashok For Respondents : Mr.D.Ravichander Special Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents to issue patta in the name of the petitioners individually, for the vacant land measuring an extent of 4440 square feet bearing Door No.39, Damodarapuram Main Road, Adyar, Chennai-600 020, comprised in T.S.No.76, Block No.25, situated in Urur Village in view of the G.O.Ms.No.97, dated 21.02.2025, considering the petitioners representation dated 13.05.2025.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The vacant land ad-measuring 4440 sq.ft bearing Door No.39, Damodarapuram Main Road, Adyar, Chennai-600 020, comprised in T.S.No.76, Block No.25, situated in Urur Village was originally owned and possessed by one C.Kuppusamy and one C.Sammantham. Thereafter, they had applied for planning permission to construct housing units. Thereafter, the first petitioner had purchased one unit of house with undivided share of 600 sq.ft by the registered sale deed. Likewise, the petitioners 2 to 7 herein had purchased their respective shares by the respective sale deeds. They are in possession and enjoyment of their respective portions. However, they were not issued any patta and as such, they had applied for patta. Their applications were considered and by the communication dated 06.01.

2025, the request made by the petitioners was rejected for the reason that as per the revenue records, the subject land is classified as "Sarkar Poramboke" and used for water channel. Subsequently, the Government passed an order in G.O.Ms.No.97 Revenue and Disaster Management (LD-1(1)) Department dated 21.02.2025, thereby ordering for issuance of patta for the possession holders of sarkar land etc., who are in possession for more than 30 years. Pursuant to the said Government Order, the petitioners submitted another representation seeking patta for their respective portions.

4. A perusal of the counter filed by the third respondent and also on the submissions made by the Special Government Pleader appearing for the respondents 1 to 3 revealed that the request made by the petitioners was already rejected by an order dated 06.01.2025. Thereafter, the Government passed an order in G.O.Ms.No.97 Revenue and Disaster Management (LD-1(1)) Department dated 21.02.2025 and thereafter, the petitioners made a representation. As per the Government Order, the ban order for assignment of Government land in Chennai district was relaxed only up to December, 2025. The said Government Order is not at all applicable to the case of the petitioners, since the subject land is classified as Sarkar Poramboke and used for water channel.

The Government Order is applicable only for Government Poramboke land which is assessed/un-assessed waste lands, Kallankuthu/Parai/Karadu, Grama Natham, Government Nanjai/Punjai and other unobjectionable district specific Government Porambokes. It was passed only for the benefit of landless poor persons who have encroached upon the Government land for their residential purpose alone. Insofar as the petitioners are concerned, they are not in possession and enjoyment of the subject property and the properties are in enjoyment of some other third parties. The persons who are in possession and enjoyment of the subject property have not purchased the subject property.

Therefore, the petitioners cannot be treated as landless poor for issuance of patta as per G.O.Ms.No.97 Revenue and Disaster Management (LD-1(1)) Department dated 21.02.2025. That apart, though the subject land is classified as Sarkar Poramboke, it is used for water channel. Wherever there is a water channel and water encroachment area, the patta cannot be issued.

5. In view of the above, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 17.10.2025 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Secretary to Government, The State of Tamil Nadu, Revenue and Disaster Management Department, Survey and Settlement Wing, SS-II(1) Section, Fort St. George, Chennai-600 009.

2. The District Collector, Collector Office, "Ma Singaravelar Maaligai", Rajaji Salai, 4th Floor, No.62, George Town, Chennai-600 001.

3. The Tahsildar, Velachery Taluk, Velachery, Chennai-600 042.

17.10.2025