Karuppaiah v. The Commissioner Of Land

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA 1.Karuppaiah 2.K.Ganesan 3.C.Rengal 4.A.Subbiah 5.P.Adaikkan 6.U.Kaliamman 7.U.Udaiyappan ... Petitioners /vs./ 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Collector, Sivagangai District, Sivagangai.

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3.The Revenue Divisional Officer, Ram nagar, Devakottai.

4.The Tahsildar, Karaikudi, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, challenging the impugned order in G2/0831/2015 dated 27.08.2015 passed by 1st respondent as illegal, quash the same and consequently direct the respondents to change the classification of land in Survey No.149/2 as Poromboke land and to issue patta by considering the livelihood of the petitioners with in a time frame fixed by this Court. For Petitioners : Mr.J.Senthil Kumaraiah For Respondents : Mr.D.S.Nedunchezian Government Advocate

ORDER

The above writ petition has been filed for the issue of a Writ of Certiorarified Mandamus to quash the order of the first respondent passed in G2/0831/2015 dated 27.08.2015, to direct the respondents to change the classification of land in S.No.149/2 as Poromboke and to issue patta in favour of the petitioners.

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2. It is informed by the learned Government Advocate for the respondents that the lands in question are the forest lands and the respondents cannot grant patta in respect of the forest lands and therefore, the request of the petitioner for re-classification and grant of patta had been turned down by the impugned order of the first respondent dated 27.08.2015, which is very much in order.

3. Heard the learned counsel on either side.

4. Even according to the petitioner, the classification of lands is Forest Poramboke, which clearly indicates that the lands belonged to the forests, the petitioner has not even deemed fit to implead the Forest Department as party to the proceeding.

5. Be that as it may, considering the fact that the patta cannot be granted with reference to the forest lands, the Writ Petition stands dismissed. No costs. Speaking : Yes / No 10.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No 3/5

To 1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Ram nagar, Devakottai.

4.The Tahsildar, Karaikudi, Sivagangai District.

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P.T.ASHA, J.

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