Madras High Court
V.Subramani vs The District Collector on 9 November, 2021
W.P.No.23986 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.23986 of 2021
V.Subramani ... Petitioner
Vs
1. The District Collector,
Villupuram District,
Villupuram.
2. The Revenue Divisional Officer,
Tindivanam Revenue Division,
Tindivanam.
3. The Tahsildar,
Gingee Taluk,
Gingee.
4. Thiyagarajan
5. Natesan ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the first respondent herein to
consider and dispose of the petitioner's representation dated 30.09.2021
made to the respondents, for issuance of patta in respect of poramboke land
1/5
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W.P.No.23986 of 2021
bearing Survey No.225/4 to an extent of 30 cents situated at Annamangalam
Village, Gingee Taluk, Villupuram District in the petitioner favour.
For Petitioner : Mr.M.Prabakar
For Respondents : Mr.Yogesh Kannadasan
Government Advocate (for R1 to R3)
ORDER
This writ petition is filed to issue a Writ of Mandamus, directing
the first respondent herein to consider and dispose of the petitioner's
representation dated 30.09.2021 made to the respondents, for issuance of
patta in respect of poramboke land bearing Survey No.225/4 of an extent of
30 cents situated at Annamangalam Village, Gingee Taluk, Villupuram
District in the petitioner favour.
2. The case of the petitioner is that he owned the properties
comprised in S.Nos.225/1, 225/2 and 223/5 of an extent of 0.77.75 cents
and 0.44.5 cents of agricultural land situated at Annamangalam Village,
Gingee Taluk, Villupuram District. The petitioner is in possession and
enjoyment of the same. The land bearing S.No.225/4 of an extent of 30
cents being categorized as poramboke land in the Village Account, adjacent
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W.P.No.23986 of 2021
to his land above mentioned, has also been in possession and enjoyment of
the petitioner.
3. While that being so, the respondents 4 and 5 have disturbed the
peaceful possession and enjoyment of the said poramboke land and as such,
the petitioner filed a suit in O.S.No.132 of 2011 on the file of the Principal
District Munsif Court Gingee for bare injunction as against the respondents
4 and 5. The said suit was decreed in favour of the petitioner by the
judgment and decree dated 28.11.2016. Therefore, the petitioner made a
representation for issuance of patta to the said land on 13.08.2021.
4. Admittedly, the petitioner's land comprised in Survey No.225/4
of an extent of 30 cents, is classified as “poramboke land”. Though the
petitioner obtained decree of bare injunction as against the respondents 4
and 5, it would not confer any title over the property in favour of the
petitioner herein. That apart, the petitioner owned patta land adjacent to his
land and he occupied the poramboke land and sought for patta. Therefore,
the request of the petitioner cannot be considered and this Writ petition is
devoid of merits and it is liable to be dismissed.
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W.P.No.23986 of 2021
5. In the result, this Writ Petition is dismissed. No costs.
09.11.2021
kv
Index:Yes/No
Speaking Order: Yes/No
To
1. The District Collector,
Villupuram District,
Villupuram.
2. The Revenue Divisional Officer,
Tindivanam Revenue Division,
Tindivanam.
3. The Tahsildar,
Gingee Taluk,
Gingee.
https://www.mhc.tn.gov.in/judis
W.P.No.23986 of 2021
G.K.ILANTHIRAIYAN, J.
kv
W.P.No.23986 of 2021
09.11.2021
https://www.mhc.tn.gov.in/judis
