Petitioner sought writ to restrain respondents from issuing patta for village grazing land classified as Poromboke. Court found counter affidavit sufficient and closed the petition without further adjudication.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.07.2019
CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.10793 of 2010 and M.P.No.1 of 2010
D.Kaliyaperumal
..Petitioner
Vs 1.The District Collector, Ariyalur District. 2.The Tahsildhar, Jayamkondam, Ariyalur District. 3.The Village Administrative Officer, T.Chozhankurichi, Udayarpalayam Taluk, Ariyalur District. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of mandamus, forbearing the respondents from issuing patta to any person in respect of the lands comprised in S.No.23/2 measuring an extent of 2 Hectares and 41 Ares situated in T.Chozhankurichi Village, Udayarpalayam Taluk, Ariyalur District.
For Petitioner : Mr.K.Balu For Respondents : Mr.B.Anand Government Advocate
O R D E R
Heard Mr.K.Balu, learned counsel for the petitioner, Mr.B.Anand, learned Government Advocate for the respondents and perused the materials available on record.
Ariyalur District and the land in question has been classified as 'Mandaiveli Poromboke', which has been used by the villagers for grazing cattle. The petitioner would allege that there was a proposal to classify the land and assigned in favour of the villagers and hence, the petitioner made a representation dated 10.05.2010 to the first respondent. Since it was not considered, the present writ petition.
“ 5. Regarding averment put forth in para 2 and 3 of the affidavit. It is submitted that the S.F.No.23/2 an extent of 2.41.0 Hec., it is classified as Government Poramboke land and mentioned in remarks column is “Manthaiveli (grazing ground)” in village records. This land is Government Poromboke land remain as grazing ground used by the villagers without any disturbance. There is no action have been taken to transfer this land for some other purpose by others, without any prima facie the petitioner has wrongly presumed and filed a writ. Hence the contention of the petitioner is not true.”
Sd/Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar ms
To
1.The District Collector, Ariyalur District.
2.The Tahsildhar, Jayamkondam, Ariyalur District.
+1cc to Mr.K.Balu, Advocate sr.61064
W.P.No.10793 of 2010 and M.P.No.1 of 2010
ks(co)
nr 18/09/2019
D. Kaliyaperumal
The District Collector, Ariyalur District
The Tahsildhar, Jayamkondam, Ariyalur District
The Village Administrative Officer, T.Chozhankurichi
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
