Karupaiah v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Karuppaiah .... Petitioner /Vs/

1. The Principal Secretary to Government, Revenue and Disaster Management, Chennai.

2. The Commissioner of Land Administration and Reforms, Chepauk, Chennai.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to reclassify the land in occupation as residential places on the east of Kanmoi S.F.No. 8 situated Pattamudaiyan Village, Avudaiyarkovil Taluk, Pudukkottai District as Government Poromboke instead of Kanmoi and then to grant Natham patta by considering the petitioner's representation dated 14.03.2025.

For Petitioner : Mr.A.Aruljenifer for M/s.KBS Law Office For Respondents : Mr.B.Saravanan Additional Government Pleader 1/5

ORDER

With the consent of the learned counsel appearing on either side, the writ petition is taken up for final disposal, at the admission stage. 2.I have heard the learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.

3. The grievance of the petitioner is that the petitioner has been residing in the Natham lands, which are Government Poramboke lands. However, the same have been erroneously classified as Kanmai and therefore, the petitioner is sought to be evicted from the said premises where he has been residing for the past several years.

4. However, the learned Additional Government Pleader appearing for the respondents would submit that in view of the classification of the subject property as a water body, alternative site has already been offered to the petitioner and the petitioner has not accepted it . However, the said statement of the learned Additional Government Pleader is refuted by the 2/5

learned counsel for the petitioner stating that the offer was only on paper and the lands which were supposed to be given as alternative accommodation are actually encroached lands and they have not even been shown to the petitioner to be fit for residence. In any event, considering that the petitioner has already made a representation for reclassification of the subject lands as residential from Kanmai, specifically contending that the water body is far away from the premises, a direction is issued to the District Revenue Officer, Pudukkottai to carry out a field inspection, conduct an enquiry and forward a report to the second respondent, who shall take a final decision, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such report, the second respondent shall take a final decision, within a period of twelve weeks thereafter.

5. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 28.03.2025 am 3/5

To

1. The Principal Secretary to Government, Revenue and Disaster Management, Chennai.

2. The Commissioner of Land Administration and Reforms, Chepauk, Chennai.

Copy to District Revenue Officer, Pudukkottai 4/5

P.B. BALAJI , J.

am Order made in Dated:

28.03.2025 5/5