Dismissed

V.Subramani v. The District Collector

Madras HC9 Nov 2021WP/23986/2021

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a writ petition seeking Mandamus for issuance of patta regarding poramboke land. The Court held that poramboke classification denies title and the bare injunction decree against private parties does not confer ownership for patta purposes.

What did the court decide?

Writ of Mandamus seeking issuance of patta for Survey No. 225/4 poramboke land was dismissed.

V.Subramani Vs The District Collector — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.11.2021

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CORAM

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THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.23986 of 2021

V.Subramani

...Petitioner

1.The District Collector, Villupuram District, Villupuram.

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2.The Revenue Divisional Officer, Tindivanam Revenue Division, Tindivanam.

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3.The Tahsildar, Gingee Taluk, Gingee.

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4.Thiyagarajan

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5.Natesan ...Respondents

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Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to consider and dispose of the petitioner's representation dated 30.09.2021 made to the respondents, for issuance of patta in respect of poramboke land bearing Survey No.225/4 to an extent of 30 cents situated at Annamangalam Village, Gingee Taluk, Villupuram District in the petitioner favour.

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For Petitioner : Mr.M.Prabakar

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For Respondents : Mr.Yogesh Kannadasan

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Government Advocate (for R1 to R3)

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ORDER

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This writ petition is filed to issue a Writ of Mandamus, directing the first respondent herein to consider and dispose of the petitioner's representation dated 30.09.2021 made to the respondents, for issuance of patta in respect of poramboke land

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

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bearing Survey No.225/4 of an extent of 30 cents situated at Annamangalam Village, Gingee Taluk, Villupuram District in the petitioner favour.

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The case of the petitioner is that he owned the properties comprised in S.Nos.225/1, 225/2 and 223/5 of an extent of 0.77.75 cents and 0.44.5 cents of agricultural land situated at Annamangalam Village, Gingee Taluk, Villupuram District. The petitioner is in possession and enjoyment of the same. The land bearing S.No.225/4 of an extent of 30 cents being categorized as poramboke land in the Village Account, adjacent to his land above mentioned, has also been in possession and enjoyment of the petitioner.

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While that being so, the respondents 4 and 5 have disturbed the peaceful possession and enjoyment of the said poramboke land and as such, the petitioner filed a suit in O.S.No.132 of 2011 on the file of the Principal District Munsif Court Gingee for bare injunction as against the respondents 4 and 5. The said suit was decreed in favour of the petitioner by the judgment and decree dated 28.11.2016. Therefore, the petitioner made a representation for issuance of patta to the said land on 13.08.2021.

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Admittedly, the petitioner's land comprised in Survey No.225/4 of an extent of 30 cents, is classified as “poramboke land”. Though the petitioner obtained decree of bare injunction as against the respondents 4 and 5, it would not confer any title over the property in favour of the petitioner herein. That apart, the petitioner owned patta land adjacent to his land and he occupied the poramboke land and sought for patta. Therefore, the request of the petitioner cannot be considered and this Writ petition is devoid of merits and it is liable to be dismissed.

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In the result, this Writ Petition is dismissed. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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1.The District Collector, Villupuram District, Villupuram.

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

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2.The Revenue Divisional Officer, Tindivanam Revenue Division, Tindivanam.

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3.The Tahsildar, Gingee Taluk, Gingee.

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+1cc to the Government Pleader SR. No.57849

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W.P.No.23986 of 2021

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KG (CO) PR (30/11/2021)

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

V.Subramani v. The District Collector

Case brief

What is this about?

What did the court decide?

V.Subramani v. The District Collector

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

Coram

Case details

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