Rani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.28176 of 2024 Rani ..Petitioner -Vs1.The District Collector, Chengalpattu District, Chengalpattu.

2.The Tahsildar, Taluk Office, Madurantakam, Chengalpet District 603306.

3.The Block Development Officer, Madurantakam Taluk, Chengalpet District, 603306.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondent their men, agents, servants or any one claiming under them from in any manner digging pit in the petitioner land comprised in Survey No.143, Kallangkuthu Land, Vedavakkam Village, Chengalpattu District. For Petitioner : Mr.M.Jai Kumar For R1 & R2 : Mr.S.Jayachandran

Government Advocate For R3 : Mr.V.Ravi Special Government Pleader.

ORDER

This Writ Petition has been filed forbearing the respondents from claiming the subject property in any manner digging pit in the land comprised in Survey No.143, Kallangkuthu Land, Vedavakkam Village, Chengalpattu District.

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

3. The case of the petitioner is that the petitioner and her husband are in possession and enjoyment of the land comprised in Survey No.143, Kallangkuthu Land, Vedavakkam Village, Chengalpattu District. All of a sudden, the President of the Vedavakkam Village Panchayat started digging pit in the land by using JCB machine. The petitioner produced tax receipts of the year 1983 & 1985 and also produced the copy of Adangal extract.

4. On instruction, the learned Government Advocate appearing for the respondents would submit that it is a Kallangkuthu

Poramboke land. The petitioner is a ranking encroacher under various schemes. Now the President of the Vedavakkam Village Panchayat is digging a small pond for saving rain water. Even according to the petitioner, even in the past several years he was in possession and enjoyment of the subject property, but not now. That apart, the extent of land is five acres.

5. Admittedly, it is a Kallangkuthu Poramboke land and it belongs to the Government. Therefore, the petitioner cannot have any right over the property. Hence, this writ petition is devoid of merits and it is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 04.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J, Lpp To 1.The District Collector, Chengalpattu District,

Chengalpattu.

2.The Tahsildar, Taluk Office, Madurantakam, Chengalpet District 603306.

3.The Block Development Officer, Madurantakam Taluk, Chengalpet District 603306 and W.M.P.No.28176 of 2024 04.09.2024