Madras High Court
Murali vs . on 15 September, 2023
2023:MHC:4198
WP No.27060 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-09-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.27060 of 2014
And
MP No.1 of 2014
1.Murali
2.Ramesh
3.Anand Kumar ... s
Vs.
1.The District Collector,
Kanchipuram,
Kanchipuram Collectorate,
Kanchipuram District-631 501.
2.The Tahsildar,
No.3, 1st Street,
Kumaran Nagar,
Rajiv Gandhi Salai,
Sholinganallur,
Chennai-600 119.
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WP No.27060 of 2014
3.The Commissioner,
St. Thomas Mount,
Panchayat Union,
Chitlapakkam,
Chennai-600 064.
4.The Executive Officer,
Medavakkam Village Panchayat Office,
Medavakkam,
Chennai-600 100. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Prohibition restraining the respondents from
interfering with the petitioners peaceful possession of the property
comprised in Survey No.417/2 part Door No.4/105, Sholinganallur Taluk,
Medavakkam Village, Dr.Ambedkar Nagar, Cheran Street, Kanchipuram
District admeasuring to an extent of 4355 sq.ft.
For Petitioners : Ms.Ra.Parkavi for
Mr.S.Mohamed Uduman
For Respondents-1, 2 and 4: Mr.G.Krishna Raja,
Additional Government Pleader.
For Respondent-3 : Mr.T.Arunkumar,
Additional Government Pleader.
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WP No.27060 of 2014
ORDER
The relief sought for in the present writ petition is to restrain
the respondents from interfering with the petitioners peaceful possession of
the property comprised in Survey No.417/2 part Door No.4/105,
Sholinganallur Taluk, Medavakkam Village, Dr.Ambedkar Nagar, Cheran
Street, Kanchipuram District admeasuring to an extent of 4355 sq.ft.
2. The petitioners state that they are the absolute owners of the
property comprised in Survey No.417/2 part Door No.4/105, Sholinganallur
Taluk, Medavakkam Village, Dr.Ambedkar Nagar, Cheran Street,
Kanchipuram District admeasuring to an extent of 4355 sq.ft. The father of
the writ petitioners was the absolute owner of the property and in enjoyment
of the same.
3. The petitioners further state that the subject property is
classified as 'Grama Natham' and the Revenue Department, considering the
continuous possession and enjoyment of the father of the writ petitioners,
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WP No.27060 of 2014
has issued an assignment patta in the year 1989, recognising title and
possession of the property.
4. The respondents are duty bound to scrutinise the sanctity of
the assignment granted. Since the property is falling under the Chennai Belt
Area in sholinganallur Taluk, there was a ban for grant of assignment in
respect of the City Belt Areas from the year 1958 onwards. The said ban
was extended by the District Collector, Chengalpattu District in the year
1962 and Sholinganallur also falling under the City Belt Area. Therefore,
the assignment of land is impermissible.
5. The collusion of the Revenue Authorities, fraudulent
activities or corrupt practices if any in the matter of grant of assignment of
patta is to be enquired into by the District Collector, Kanchipuram.
6. This Court elaborately considered the scope of 'Grama
Natham' lands in City Belt Areas in common judgment dated 15.09.2023 in
WP Nos.7051 and 7052 of 2017. The principles laid down in the said
judgment are to be followed for the purpose of dealing with 'Government
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WP No.27060 of 2014
Poramboke - Grama Natham' lands in City Belt Areas. The Government
Orders, the scope of RSO 21 and the principles to be followed are
elaborately discussed in the judgment cited supra.
7. The relief sought for in the present case is absolutely
misconceived and such a relief restraining the respondents from interfering
with the possession of the petitioners in the subject property, cannot be
considered in writ proceedings under Article 226 of the Constitution of
India. Thus the relief, as such sought for in the present writ petition is
rejected.
8. The respondents 1 and 2 are directed to conduct Field
Inspection and ascertain the status of the land, its classification and other
details and accordingly initiate all appropriate actions, if any illegalities or
irregularities or violations of Revenue Standing Orders are identified. In
such circumstances, the occupants are directed to be evicted and the lands
are to be resumed by the Government and to be utilised for the public
purpose.
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WP No.27060 of 2014
9. With the above directions, the present writ petition stands
dismissed. However, there shall be no order as to costs. Consequently, the
connected miscellaneous petition is also dismissed.
15-09-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
https://www.mhc.tn.gov.in/judis
WP No.27060 of 2014
To
1.The District Collector,
Kanchipuram,
Kanchipuram Collectorate,
Kanchipuram District-631 501.
2.The Tahsildar,
No.3, 1st Street,
Kumaran Nagar,
Rajiv Gandhi Salai,
Sholinganallur,
Chennai-600 119.
3.The Commissioner,
St. Thomas Mount,
Panchayat Union,
Chitlapakkam,
Chennai-600 064.
4.The Executive Officer,
Medavakkam Village Panchayat Office,
Medavakkam,
Chennai-600 100.
https://www.mhc.tn.gov.in/judis
WP No.27060 of 2014
S.M.SUBRAMANIAM, J.
Svn
WP 27060 of 2014
15-09-2023
https://www.mhc.tn.gov.in/judis
