Madras High Court
Gowri vs The District Collector on 13 February, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.29497 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.29497 of 2024
and
W.M.P.No.32149 of 2024
Gowri
W/o.Subbarayan ... Petitioner
Vs.
1.The District Collector,
O/o.The District Collector,
Kancheepuram District.
2.The Revenue Divisional Officer,
Sriperumbudur Taluk,
Sriperumbudur,
Kancheepuram District.
3.The Tahsildar,
Sriperumbudur Taluk,
Sriperumbudur,
Kancheepuram District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus calling for
the records of the impugned order dated 28.08.2024 passed by the first
respondent in Na.Ka.No.1307/2024/A2 and quash the same and
consequently, direct the first respondent to issue Grama Natham Patta in
respect of the petition mentioned property.
https://www.mhc.tn.gov.in/judis
1/6
Writ Petition No.29497 of 2024
For Petitioner : Ms.B.Sharmila
For Respondents : Mr.P.Sathish
Additional Government Pleader
*****
ORDER
This writ petition has been filed challenging the impugned
proceedings of the first respondent dated 28.08.2024 and for a
consequential direction to the first respondent to issue Grama Natham
patta in favour of the petitioner with respect of the subject property.
2. The case of the petitioner is that she is the owner of the
subject property by virtue of a registered sale deed dated 03.01.1990. The
petitioner was in possession and enjoyment of the property. The
petitioner applied for issuance of patta in her name with respect to the
subject property. Since the same was not considered, the petitioner filed
W.P.No.34684 of 2022 before this Court for a direction to the Tahsildar
to consider the representation and pass orders. This writ petition was
disposed of by an order dated 02.01.2023.
https://www.mhc.tn.gov.in/judis
Writ Petition No.29497 of 2024
3. Pursuant to the above order, the impugned proceedings
dated 28.08.2024 came to be issued by the first respondent. Aggrieved by
the same, the present writ petition has been filed before this Court.
4. The third respondent has filed a counter. In the counter
affidavit, a specific stand has been taken to the effect that the patta was
issued to some of the adjacent land owners pursuant to the Government
Order in G.O.Ms.No.168, dated 27.03.2000. However, a writ petition
came to be filed before this Court in W.P.No.22274 of 2007 and a
Division Bench of this Court made it very clear that insofar as water
bodies/water course poramboke lands, there is no question of
regularisation or issuance of patta and that in such cases, steps must be
taken to evict the person from the property. Subsequent to this judgment,
no patta has been issued in favour of anyone. Accordingly, the
respondents have sought for the dismissal of this writ petition.
5. Heard Ms.B.Sharmila, learned counsel for petitioner and
Mr.P.Sathish, learned Additional Government Pleader appearing for
respondents.
https://www.mhc.tn.gov.in/judis
Writ Petition No.29497 of 2024
6. In the considered view of this Court, the property in question
has been categorized as a water course poramboke. It is true that patta
was earlier issued in favour of some of the adjacent land owners.
However, pursuant to the judgment of the Division Bench of this Court,
there is no question of granting patta in favour of any person, who is
found in possession of such a water body. If such patta is issued, it will
amount to violation of the orders passed by the Division Bench and may
attract contempt proceedings.
In the light of the above discussion, there is no ground to
interfere with the order passed by the first respondent and accordingly,
this writ petition stands dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
13.02.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
https://www.mhc.tn.gov.in/judis
Writ Petition No.29497 of 2024
To
1.The District Collector,
O/o.The District Collector,
Kancheepuram District.
2.The Revenue Divisional Officer,
Sriperumbudur Taluk,
Sriperumbudur,
Kancheepuram District.
3.The Tahsildar,
Sriperumbudur Taluk,
Sriperumbudur,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis
Writ Petition No.29497 of 2024
N.ANAND VENKATESH, J
gm
Writ Petition No.29497 of 2024
13.02.2025
https://www.mhc.tn.gov.in/judis
