Dismissed

P.K.Babu, S/o.kesavalu, v. Secretary to Government

Madras HC1 Nov 2021WP/17781/2017

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus to direct revenue officials to rectify records and classify Survey No.523/1 in his favor as he was classified as a Meikal Porampoku. Unrepresented before the Court, the petitioner was dismissed. The judgment found the petition devoid of merits due to suppression of facts regarding prior eviction in a civil suit.

What did the court decide?

Writ of Mandamus to rectify revenue records denied. Petition dismissed.

P.K.Babu, S/o.kesavalu, Vs Secretary to Government — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P. NO.17781 OF 2017
AND
W.M.P.NO.19292 OF 2017

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P.K.Babu

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... Petitioner

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-Vs-

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1. The Secretary to Government
 Revenue Department,
 Government of Tamilnadu,
 Secretariat, St. George Fort,
 Chennai – 9.
2. The District Collector,
 Thiruvallur District,
 Thiruvallur.
3. The Revenue Divisional Officer (RDO),
 Ponneri, Thiruvallur District.
4. The Additional Director General of Police,
 CBCID, Police No.220,
 Pantheon Road, Egmore,
 Chennai – 600 008.
5. Gabriel Durai
6. Joseph Durai
7. Roselin Durai

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... Respondents

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Prayer :- Writ Petition filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of
Mandamus, to direct the respondents 2 and 3 to rectify errors

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https://hcservices.ecourts.gov.in/hcservices/

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found in the revenue records and keep the survey No.523/1 of
Vallur Village to its original position where the petitioner is
living in the status of Meikal Porampoku at Malli Nagar,
Pattamandri, Vallur (P.O.) Chennai -600 120, it terms of the
petitioner's representation dated 24.01.2017.

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For Petitioner: No appearance
For Respondents
For R1 to R4: Mr.M.R.Gokul Krishnan
 Government Advocate
For R5 to R7: Mr.R.Krishnasamy

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ORDER

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The Writ Petition has been filed to direct the

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respondents 2 and 3 to rectify errors found in the revenue
records and keep the survey No.523/1 of Vallur Village to its
original position where the petitioner is living in the status
of Meikal Porampoku at Malli Nagar, Pattamandri, Vallur (P.O.)
Chennai -600 120, it terms of the petitioner's representation
dated 24.01.2017.

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2. The case of the petitioner is that the petitioner is
living at survey No.523/1 at Malli Nagar, Pattamandri, Vallur,
Chennai. The said land belongs to the government and the same is
classified as Meikal Porampoke in the government records. As per
the government records, the petitioner is living at survey
No.523/1 and therefore he made representation to the government
for getting free house site patta. Since the same was not
considered, the petitioner approached this Court in W.P.No.18367
of 2010 and the third respondent was directed to consider the
same. However, the respondents 5 to 7 attempted to grab his
property by fabricating some false records. The revenue
officials illegally changed the revenue records in survey No.525
extends inside survey No.523/1. Therefore, the petitioner filed
this present petition with the above said prayer.

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3. Heard Mr.M.R.Gokul Krishnan, learned Government
Advocate appearing for the respondents 1 to 4 and
Mr.R.Krishnasamy, learned counsel appearing for the respondents
5 to 7. No one is appeared on behalf of the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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4. The respondents 5 to 7 filed counter and the learned
counsel appearing for them submitted that the petitioner has
never resided at survey No.523/1. The petitioner encroached
their lands comprised in survey No.525. Therefore, the
respondents 5 to 7 filed suit in O.S.No.197 of 2007 and the same
was decreed in their favour by the judgment and decree dated
05.04.2011 on the file of the District Munsif Court,
Thiruvottiyur. Subsequently, they filed execution petition in
E.P.No.86 of 2011 in O.S.No.197 of 2007 and the petitioner was
evicted from the land comprised in survey No.525. Therefore, he
prayed for dismissal of this petition.

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5. Suppressing the said facts, the petitioner filed the
present Writ Petition conveniently to change the revenue records
from S.No.525 to S.No.523/1. Therefore, the Writ petition is
devoid of merits and liable to be dismissed. However, the
petitioner is at liberty to approach the Civil Court for proper
relief, if so advised.

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6. Accordingly, this Writ Petition stands dismissed.
Consequently, connected miscellaneous petition is closed. There
shall be no order as to costs.

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Sd/-

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Assistant Registrar(CS-III)

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// True Copy //

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Sub Assistant Registrar

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rts

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To

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1. The Secretary to Government Revenue Department, Government of Tamilnadu, Secretariat, St. George Fort, Chennai – 9.

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2. The District Collector, Thiruvallur District, Thiruvallur.

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https://hcservices.ecourts.gov.in/hcservices/

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3. The Revenue Divisional Officer (RDO),
 Ponneri, Thiruvallur District.
4. The Additional Director General of Police,
 CBCID, Police No.220,
 Pantheon Road, Egmore,
 Chennai – 600 008.
+1cc to M/s.V.Ajoy Khose, Advocate, S.R.No.57487

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+1cc to the Government Pleader, S.R.No.57644

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W.P. No.17781 of 2017
and W.M.P.No.19292 of 2017

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KSM(CO)
RLP(24/11/2021)

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https://hcservices.ecourts.gov.in/hcservices/

P.K.Babu, S/o.kesavalu, v. Secretary to Government

Case brief

What is this about?

What did the court decide?

P.K.Babu, S/o.kesavalu, v. Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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