Dismissed

V.Chengama Naidu v. The District Collector

Madras HC10 Nov 2021WP/24040/2021

Case brief

AI extract

What is this about?

Single Judge dismissed a writ petition under Article 226. The petitioner sought patta for agricultural land classified as 'Tharisu poramboke', claiming possession since 1965. The Court found the land is vacant, reserved for welfare of SC/ST people, and the petitioner lacks possession, rendering the petition devoid of merits.

What did the court decide?

Writ petition dismissed without any order as to costs.

V.Chengama Naidu Vs The District Collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2021 CORAM THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.24040 of 2021

V.Chengama Naidu

... Petitioner

1.The District Collector, Tiruvallur District, Tiruvallur 602 001 2.The District Revenue Officer, Office of the District Collectorate, Tiruvallur District

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3.The Tahsildar, Uthukottai Taluk Office, Uthukottai, Tiruvallur District ... Respondents

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Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 09.08.2021 and to issue patta in respect of the property being agricultural punja lands, comprised in survey No.342/5, measuring extent of 0.35.5 hectare and survey no.342/6 measuring extent of 1.18.5 hectare, situated at Velammakandigai Village, Pennalurpet Revenue Village, Uthukkottai Taluk, Tiruvallur District in his favour.

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For Petitioner : Mr.R.Munuswamy

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For Respondents : Mr.A.Selvendran, Government Advocate

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ORDER

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This writ petition is filed to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 09.08.2021 and to issue patta in respect of the property being agricultural punja lands, comprised in survey No.342/5, measuring extent of 0.35.5 hectare and survey no.342/6 measuring extent of 1.18.5 hectare, situated at Velammakandigai Village, Pennalurpet Revenue Village, Uthukkottai Taluk, Tiruvallur District in his favour.

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

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The case of the petitioner is that the land comprised in survey No.342/5 admeasuring to an extent of 0.35.5 hectares and in survey No.342/6 to an extent of 1.18.5 hectares situated at Velammakandigai Village, Pennalurpet, Uthukkottai Taluk, Tiruvallur District is classified as 'Tharisu poramboke'. According to the petitioner, the petitioner's father was in possession and occupation of the same from the year 1965 and after his father, the petitioner is in possession and enjoyment of the same. Therefore, he made application for issuance of patta. The adjacent land also was issued patta in favour of the other persons.

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On perusal of the records produced by the petitioner, A Register extract, Adangal in respect of the subject property of the fasli year 1400 and 1401 i.e. before thirty years. From the Office of the third respondent, the Senior Revenue Inspector, Mrs.Pachaiyammal is present before this Court today, who represented that the subject land comprised in survey No.342/5 and 342/6 admeasuring 30 acres, in which 30 cents was already allotted for graveyard for 'harijans' and the remaining land is in proposal for welfare of SC and ST people for various purposes. She further submitted that the petitioner is not in possession and enjoyment of the property. It is classified as 'tharisu' and it is lying vacant.

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Considering the above, the petitioner's representation for issuance of patta for the subject land cannot be considered and the writ petition is devoid of merits.

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Accordingly, this writ petition is dismissed. No order as to costs.

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Sd/-

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Assistant Registrar(CS)

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//True Copy//

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Sub Assistant Registrar

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lok

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1.The District Collector,

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Tiruvallur District,Tiruvallur 602 001

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2.The District Revenue Officer,

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Office of the District Collectorate,

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Tiruvallur District

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3.The Tahsildar,Uthukottai Taluk Office,

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Uthukottai,Tiruvallur District +1 cc to Mr.R.Munuswamy, Advocate Sr.NO. 57953 +1 cc to Government Pleader Sr.NO. 58045

WP.No.24040 of 2021

NMI(CO)

A.SK(03.12.2021)

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

V.Chengama Naidu v. The District Collector

Case brief

What is this about?

What did the court decide?

V.Chengama Naidu 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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