Madras High Court
Mrs.S.Suja vs The State Of Tamil Nadu on 5 June, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.1424 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
Writ Appeal No.1424 of 2024
1. Mrs.S.Suja
2.Mrs.Thamarai Selvi
3. Mr.C.Loganathan
4. Mrs.Lakshmi
5. Mr. R.Dhamodharan ..Appellants
Vs.
1. The State of Tamil Nadu,
Rep. by its Secretary of Government,
Department of Revenue,
Fort St. George, Chennai 600 009.
2. The State of Tamil Nadu,
Rep. by its Secretary of Government,
Department of Public Works,
Fort St. George, Chennai 600 009.
3. The District Collector,
Office of the District Collector,
Chennai.
1/5
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W.A.No.1424 of 2024
4. The Tanshildar,
Tambaram Taluk,
Chennai 600 064.
5. The Assistant Engineer,
Public Works Department,
Padappai. .. Respondents
Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the
order passed by this Court dated 11.07.2023 passed in W.P. No.19908 of
2023.
For Appellant : Mr.C.Umashankar
For Respondents : Mr.A.Selvandran
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The appellants were aggrieved by the dismissal of the Writ Petition
praying for a Mandamus directing the respondents to consider the
representation dated 22.05.2022 and 09.01.2023 and put them in possession
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of the land in Survey No.182/2 of an extent of 20 cents of Chitlapakkam
Village and also to grant patta to them to the said land.
2. It is the grievance of the petitioners that they were evicted from
their habitation on the ground that the land has been classified as Eri-
Poramboke. Mr.C.Umashankar, learned counsel appearing for the appellants
would submit that the land has been wrongly classified as Eri-Poramboke, it
should have been classified as Sarkar-Poramboke and the people in and
around the area have been issued patta and therefore, they are entitled to
patta.
3. The learned Single Judge has dismissed the Writ Petition on the
conclusion that the matter is already subject matter of several rounds of Writ
Petitions and Contempt Petitions before this Court. Apart from all that it is
fundamental principle of constitutional jurisprudence that a mandamus could
be issued only when there is a statutory duty or an enforceable right. Both
are absent in the present case. Be it Eri-Poramboke or Sarkar-Poramboke,
the petitioners have no right to be in the possession of the property and they
have been rightly evicted.
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4. Hence we do not see any reason to interfere with the order of
the learned Single Judge, the Writ Appeal fails and it is accordingly
dismissed. There shall be no order as to costs.
(R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.)
05.06.2024
jv
Index: No
Internet: Yes
Speaking order
Neutral Citation: No
To
1. The Inspector General of Registration,
100, Santhome High Road, Mullima Nagar,
Mandavelipakkam, Raja Annamalaipuram,
Chennai 600 028.
2. The Deputy Inspector General of Registration – Coimbatore Zone,
6/1 GRD Road, Opp. Airforce Admin College,
Redfields, Puliakulam, Coimbatore – 641 018.
3. The District Registrar, Collector office compound,
Gopalapuram, Coimbatore – 641 018.
4. The Sub Registrar – Erode Joint 1,
Erode Joint I Sub Registrar Office, Erode.
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R.SUBRAMANIAN, J.
and
R.SAKTHIVEL, J.
(jv)
05.06.2024
https://www.mhc.tn.gov.in/judis
