Madras High Court
A.Amsavalli vs The District Collector on 25 April, 2023
W.P.Nos.14556 to 14564 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.Nos.14556 to 14564 of 2015 and
M.P.No.1 of 2015
[W.P.No.14556 of 2015]
A.Amsavalli .. Petitioner
vs
1. The District Collector
Kancheepuram District.
2. The Tahsildhar
Sholinganallur Office
Chollinganallur Taluk
Chennai – 600 119. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents to consider
the petitioner application for issuance of patta for property bearing Survey
No.23/1A1, Door No.129, Velachery Main Road, Pallikaranai Village,
Chennai by considering the representation dated 14.07.2014 and
09.02.2015 made by the petitioner in the light of the judgment and decree
dated 11.04.2014 passed by the learned Additional District Munsif,
Alandur in O.S.No.580 of 2011 and in the light of various pattas being
granted by the respondents themselves to the adjacent land owners and
grant patta.
For Petitioner in
all W.Ps : Mr.T.Panchatsaram
For Respondents : Mr.T.Arun Kumar
in all W.Ps Additional Government Pleader
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.Nos.14556 to 14564 of 2015
COMMON ORDER
The relief sought for in these writ petitions is to direct the
respondents to consider the petitioners' representations for issuance of
patta for property bearing Survey No.23/1A1, Door No.129, Velachery
Main Road, Pallikaranai Village, Chennai dated 14.07.2014 and
09.02.2015, in the light of the judgment and decree passed by the learned
Additional District Munsif, Alandur and by the Principal District Munsif,
Alandur in O.S.Nos.576 to 584 of 2011 dated 11.04.2014 and 30.04.2011
and consider it in the light of various pattas being granted by the
respondents themselves to the adjacent land owners and grant patta.
2. The petitioners states that the property situated in Door
No.129, Velachery Main Road, Pallikaranai Village, Chennai in Survey
No.23/1A1, measuring 2,400 sq.ft was purchased by the petitioners
through registered sale deed. The petitioners states that they are in
peaceful possession and enjoyment of the property and also filed a civil
suit. The petitioners earlier filed a writ petition in W.P.No.20535 of 2011
with a prayer not to disturb the possession of the petitioners. The writ
petition was disposed of with a direction to approach the Civil Court to
establish the case of the writ petitioners.
https://www.mhc.tn.gov.in/judis
Page 2 of 6
W.P.Nos.14556 to 14564 of 2015
3. The petitioners have consequently filed the present writ
petitions seeking relief to direct the respondents to consider the
applications submitted by the petitioners for issuance of patta.
4. The learned Additional Government Pleader appearing on
behalf of the respondents relied on the counter and made a submission that
the petitioners have filed a petition individually with a prayer to consider
the petitioners' applications for the issuance of patta in Survey No.23/11,
measuring 5.31.5 hectares classified as grazing ground poramboke in
Pallikkaranai Village and in the light of judgment and decree passed by the
District Munsif Court, Alandur in O.S.No.580 of 2011 and in the light of
various pattas being granted by the respondents to the adjacent land
owners.
5. He would further submit that all the petitioners, except
Tmt.A.Amsavalli, were not encroachers in Survey No.23/1A1 of
Pallikkaranai Village. All the petitioners have stated that they purchased
the poromboke land on proper sale deed, therefore, any sale transaction on
poromboke land should be considered as illegal.
https://www.mhc.tn.gov.in/judis
Page 3 of 6
W.P.Nos.14556 to 14564 of 2015
6. The grazing ground poromboke in Pallikkaranai Village is
protected and a Division Bench of this Court has also issued directions to
the authorities to preserve the marsh land for the purpose of protecting the
environment. Thus, no patta can be issued to encroach upon the
Pallikkaranai marsh land, which is to be preserved for the purpose of
protecting the environment. In the present case, the petitioners claim that
they are in occupation of the portion of the land and as per the petitioners,
it is not a marsh land, but it is a “meikal” poromboke.
7. Even in that case, the petitioners cannot be allowed to
encroach upon, since the said land belongs to the Government.
Encroachment in any form of the Government land, at no circumstances,
be permitted and all such properties are to be utilized for the
implementation of public schemes in the interest of the public. Therefore,
the claim of the writ petitioners for grant of patta cannot be considered.
The respondents are directed to verify the revenue records, survey the land
properly and thereafter, initiate all appropriate actions to evict the
encroachers by following the procedures as contemplated under the statute
and Rules in force.
https://www.mhc.tn.gov.in/judis
Page 4 of 6
W.P.Nos.14556 to 14564 of 2015
8. With these directions, the writ petitions stands disposed of.
There will be no order as to costs. Consequently, the connected
miscellaneous petition is also closed.
Index : Yes/No 25.04.2023
Neutral Citation : Yes/No
drm
To:
1. The District Collector
Kancheepuram District.
2. The Tahsildhar
Sholinganallur Office
Chollinganallur Taluk
Chennai – 600 119.
https://www.mhc.tn.gov.in/judis
Page 5 of 6
W.P.Nos.14556 to 14564 of 2015
S.M. SUBRAMANIAM, J.
drm
W.P.Nos.14556 to 14564 of 2015
25.04.2023
https://www.mhc.tn.gov.in/judis
