M.Kasi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.26493 of 2024 and WMP.No.28973 of 2024 M.Kasi ... Petitioner Vs.

1.The District Collector, Chengalpet 2.The District Revenue Officer, Chengalpet 3.The Revenue Divisional Officer, Chengalpet, 4.The Tahsildar, Vandalur Taluk, Vandalur, Chengalpet District 5.The President, No.41, Pudupakkam Village Panchayat, Pudupakkam, Pudupakkam Post, Vandalur Taluk, Chengalpet District ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus forbearing the fifth respondent and his men, agent from interfering with the peaceful possession and enjoyment of the property in S.No.63/4, extent 48 cents situated at 1/4

Pudupakkam Village, Vandalur Taluk, Chengalpet District. For Petitioner : Mr.R.Chandrasekaran For Respondents For R1 to 4 : Mr.S.Arumugam, Government Advocate

O R D E R

This writ petition has been filed for direction forbearing the fifth respondent from interfering with the peaceful possession and enjoyment of the property comprised in survey No.63/4 to an extent of 48 cents situated at Pudupakkam Village, Vandalur Taluk, Chengalpet District.

2.

The petitioner is in possession of the land comprised in S.No.63/4 to an extent 48 cents situated at Pudupakkam Village, Vandalur Taluk, Chengalpet District and it is classified as Government Poramboke and meant for playground for children. That apart, the petitioner is in possession and enjoyment under B memo. The apprehension of the petitioner is that the fifth respondent has intended to 2/4

take possession of the said property for other purpose. The petitioner also filed suit as against the fifth respondent in OS.No.139 of 2002 for injunction and it was decreed in his favour.

3.

It is seen that the fifth respondent is the President of the Pudupakkam Village Panchayat. The land does not belong to the fifth respondent. The said land is classified as Government Poramboke and it is earmarked as playground. Therefore, the injunction obtained by the petitioner cannot bind over the respondents 1 to 4 herein. That apart, the request made by the petitioner for assignment of patta was also rejected. 4.

In view of the above, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

09.09.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The District Collector, Chengalpet 2.The District Revenue Officer, Chengalpet 3.The Revenue Divisional Officer, Chengalpet, 4.The Tahsildar, Vandalur Taluk, Vandalur, Chengalpet District 5.The President, No.41, Pudupakkam Village Panchayat, Pudupakkam, Pudupakkam Post, Vandalur Taluk, Chengalpet District 09.09.2024 4/4