P.Shanmugam, v. the Principal Secretary Cum
Case brief
What is this about?
The High Court set aside an order where the District Collector re-classified temple land used for community festivals as natham poromboke. The court held that such conversion required strict adherence to Section 21(6) of the Revenue Standing Order, including a public enquiry and a Government Order, which were absent.
What did the court decide?
Impugned orders dated 20.07.2009 and 12.04.2010 set aside; patta kept in abeyance; matter remanded to District Collector for fresh decision following proper procedure.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2022
CORAM :
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.No.9138 of 2010 & WMP No.11916 of 2018 & M.P.No.2 of 2010 in W.P.No.9138 of 2010
P.Shanmugam
... Petitioner
vs.
- 1.The Principal Secretary cum The Commissioner of Land Administration, Chepauk, Chennai-5
- 2.The District Collector, Erode, Erode District.
- 3.The Tahsildar, Perundurai Taluk, Perundurai.
- 4.Dhanalakshmi
- 5.Lakshmi
Issues for consideration
3 issues framed by the court
Whether a District Collector can re-classify temple land as natham poromboke without following the procedure under Section 21(6) of the Revenue Standing Order.
Whether a public enquiry is mandatory before converting communal village site land to government poramboke land.
Whether the order of re-classification and the subsequent confirmation order can be sustained without a proper government order.
Parties & counsel
- petitioner
P.Shanmugam
- respondent
The Principal Secretary cum The Commissioner of Land Administration, Chepauk, Chennai-5
- respondent
The District Collector, Erode, Erode District
- respondent
The Tahsildar, Perundurai Taluk, Perundurai
Coram
Case details
As recorded by the court registry
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