Madras High Court
P.K.Babu vs The Secretary To Government on 1 November, 2021
W.P.No.17781 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. No.17781 of 2017
and W.M.P.No.19292 of 2017
P.K.Babu ... Petitioner
-Vs-
1. The Secretary to Government
Revenue Department,
Government of Tamilnadu,
Secretariat, St. George Fort,
Chennai – 9.
2. The District Collector,
Thiruvallur District,
Thiruvallur.
3. The Revenue Divisional Officer (RDO),
Ponneri, Thiruvallur District.
4. The Additional Director General of Police,
CBCID, Police No.220,
Pantheon Road, Egmore,
Chennai – 600 008.
5. Gabriel Durai
6. Joseph Durai
7. Roselin Durai ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, to direct the respondents 2
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Page 1 of 6
W.P.No.17781 of 2017
and 3 to rectify errors found in the revenue records and keep the survey
No.523/1 of Vallur Village to its original position where the petitioner is living
in the status of Meikal Porampoku at Malli Nagar, Pattamandri, Vallur (P.O.)
Chennai -600 120, it terms of the petitioner's representation dated 24.01.2017.
For Petitioner : No appearance
For Respondents
For R1 to R4 : Mr.M.R.Gokul Krishnan
Government Advocate
For R5 to R7 : Mr.R.Krishnasamy
ORDER
The Writ Petition has been filed to direct the respondents 2 and 3
to rectify errors found in the revenue records and keep the survey No.523/1 of
Vallur Village to its original position where the petitioner is living in the status
of Meikal Porampoku at Malli Nagar, Pattamandri, Vallur (P.O.) Chennai -600
120, it terms of the petitioner's representation dated 24.01.2017.
2. The case of the petitioner is that the petitioner is living at survey
No.523/1 at Malli Nagar, Pattamandri, Vallur, Chennai. The said land belongs
to the government and the same is classified as Meikal Porampoke in the
government records. As per the government records, the petitioner is living at
survey No.523/1 and therefore he made representation to the government for
getting free house site patta. Since the same was not considered, the petitioner
approached this Court in W.P.No.18367 of 2010 and the third respondent was
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W.P.No.17781 of 2017
directed to consider the same. However, the respondents 5 to 7 attempted to
grab his property by fabricating some false records. The revenue officials
illegally changed the revenue records in survey No.525 extends inside survey
No.523/1. Therefore, the petitioner filed this present petition with the above
said prayer.
3. Heard Mr.M.R.Gokul Krishnan, learned Government Advocate
appearing for the respondents 1 to 4 and Mr.R.Krishnasamy, learned counsel
appearing for the respondents 5 to 7. No one is appeared on behalf of the
petitioner.
4. The respondents 5 to 7 filed counter and the learned counsel
appearing for them submitted that the petitioner has never resided at survey
No.523/1. The petitioner encroached their lands comprised in survey No.525.
Therefore, the respondents 5 to 7 filed suit in O.S.No.197 of 2007 and the
same was decreed in their favour by the judgment and decree dated 05.04.2011
on the file of the District Munsif Court, Thiruvottiyur. Subsequently, they filed
execution petition in E.P.No.86 of 2011 in O.S.No.197 of 2007 and the
petitioner was evicted from the land comprised in survey No.525. Therefore,
he prayed for dismissal of this petition.
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W.P.No.17781 of 2017
5. Suppressing the said facts, the petitioner filed the present Writ
Petition conveniently to change the revenue records from S.No.525 to
S.No.523/1. Therefore, the Writ petition is devoid of merits and liable to be
dismissed. However, the petitioner is at liberty to approach the Civil Court for
proper relief, if so advised.
6. Accordingly, this Writ Petition stands dismissed. Consequently,
connected miscellaneous petition is closed. There shall be no order as to costs.
01.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis/
W.P.No.17781 of 2017
To
1. The Secretary to Government
Revenue Department,
Government of Tamilnadu,
Secretariat, St. George Fort,
Chennai – 9.
2. The District Collector,
Thiruvallur District,
Thiruvallur.
3. The Revenue Divisional Officer (RDO),
Ponneri, Thiruvallur District.
4. The Additional Director General of Police,
CBCID, Police No.220,
Pantheon Road, Egmore,
Chennai – 600 008.
https://www.mhc.tn.gov.in/judis/
W.P.No.17781 of 2017
G.K.ILANTHIRAIYAN, J.
rts
W.P. No.17781 of 2017
and W.M.P.No.19292 of 2017
01.11.2021
https://www.mhc.tn.gov.in/judis/
