G.Vignesh v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2021 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.26128 of 2021 G.Vignesh ..Petitioner vs
1. The Secretary Government of Tamil Nadu Revenue Department Chennai 600 006, Tamil Nadu.
2. The Additional Chief Secretary/ Commissioner for Land Administration Chepauk, Chennai 5 Tamil Nadu.
3. The District Collector Chengalpet District Tamil Nadu.
4. The Tahsildar Vandalur Taluk Kancheepuram District Tamil Nadu.
5. The Sub Registrar Office of the Sub Registrar Thiruporur.
6. The Asst. Commissioner of Land Reforms Chepauk, Chennai Tamil Nadu.
..Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying for a Writ of Declaration declaring the proceeding in RC.K1/ 26136/2019 dated 11.12.2019 issued by the second respondent as null and void and contrary to Article 300A of
Constitution of India and consequently direct the respondents to allow the further encumbrance of the properties and issuing patta in accordance with due process of law.
For the Petitioner : Mr.G.Murugendran For the Respondents : Mr.C.Harsha Raj Addl. Govt. Pleader
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.C.Harsha Raj, learned Additional Government Pleader, accepts notice for the respondents.
2. The public interest litigation has been filed to challenge the order dated 11.12.2019 being violative of Article 300A of The Constitution of India.
3. The petitioner is claiming title over the property in question and rights under Article 300A of The Constitution of India.
4. We do not find any document to show the title in favour of the petitioner in respect of the land in question, so as to secure his rights under Article 300A of The Constitution of India.
5. The learned counsel for the petitioner submits that by virtue of the order impugned herein, the petitioner would be refrained to claim or obtain patta for the land in question, though, at the first instance, it was stated that the petitioner was granted patta.
6. However, no document has been enclosed along with this writ petition to support the aforesaid stand. The statement is otherwise in contradiction, because, at the first instance, the petitioner stated that patta has been granted in his favour and thereafter, he challenged the impugned order stating that he would be refrained to obtain patta. The contradictory statement by one and the same person cannot be accepted. Rather, we cannot repose confidence in those statements.
7. It is a fact that the public interest litigation has been filed to espouse the individual cause of the petitioner for protection of land and it may be for others also. A public interest litigation is not maintainable for a personal cause and accordingly, we find it to be a private interest litigation.
8. In the light of the above, the writ petition is held to be not maintainable. Further, the petitioner has failed to show title in his favour in respect of the land in question.
9. Therefore, the writ petition fails and is dismissed. There will be no order as to costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar RS To:
1. The Secretary Government of Tamil Nadu Revenue Department Chennai 600 006, Tamil Nadu.
2. The Additional Chief Secretary/ Commissioner for Land Administration Chepauk, Chennai 5 Tamil Nadu.
3. The District Collector Chengalpet District Tamil Nadu.
4. The Tahsildar Vandalur Taluk Kancheepuram District Tamil Nadu.
5. The Sub Registrar Office of the Sub Registrar Thiruporur.
6. The Asst. Commissioner of Land Reforms Chepauk, Chennai. Tamil Nadu.
+1cc to Mr.G.Murugendran, Advocate, S.R.No.65400 +1cc to the Government Pleader, S.R.No.65851 W.P.No.26128 of 2021 GPL[co] NSK 14/12/2021