This petition sought a writ of Certiorari and Mandamus to quash rejection orders and direct allotment of public 'Thoppu Poramboke' land to a registered society for an orphanage. The Court held such land cannot be assigned to private individuals as a matter of right, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No.14997 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-06-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.14997 of 2012
Grama Ezhai Mattrum Thikkatror Nala Sangam (GETS), Reg.No.1/1996, Dt.04.01.1996, Represented by its Founder/Secretary Mr.P.Jayaraj Jayaraman, Kairikall Village and Post, Arakkonam Taluk, Vellore District, Tamil Nadu. ... Petitioner
Vs.
1.The District Collector, Office of the District Collector, Vellore District, Vellore, Tamil Nadu.
2.The Tahsidlar, Office of the Tahsildar, Arakkoam, Vellore District.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
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for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent pertains to the impugned rejection orders dated 17.08.2008, 16.12.2009 and 24.11.2011 and quash the same, consequently direct the respondents to consider the proposal of the District Social Welfare Officer dated 28.04.2010 and allot 3 acres of land to the petitioner in Survey No.23, No.12, Karikal Village, as per the G.O.182, dated 04.12.2002, Social Welfare Department, for the purpose of construction of Orphanage Home, play ground.
For Petitioner : Mr.P.R.Thiruneelakandan (Change of Vakalat Given) For Respondents : Mr.T.Arunkumar, Additional Government Pleader.
O R D E R
The writ on hand has been instituted to quash the impugned
order of the first respondent rejecting the claim of the writ petitioner in
proceedings dated 17.08.2008, 16.12.2009 and 24.11.2011 respectively.
submitted by the writ petitioner for grant of patta was rejected on the ground that the subject land was classified as 'Poramboke'. Subsequent attempt by the petitioner by approaching the Tahsildar, Arakkonam once again also
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went in vain and passed an order stating that the petitioner cannot be granted patta in respect of the subject property.
Sangam', which is a Society registered under the Tamil Nadu Societies Registration Act. The petitioner-Sangam is providing education and home to the poor destitute children and help the old-age poor destitute and differently abled persons. The petitioner is running an Orphanage Home and doing services.
verification of revenue records, the Authorities found that it is 'Poramboke' and therefore, the request of the petitioner cannot be considered. The petitioner further states that the District Collector is empowered to grant Page 3 of 6
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patta as per G.O.Ms.No.182, Social Welfare Department, dated 04.12.2002 and allot free sites to the Private Organisations.
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a decision to be taken by the Competent Authorities in the interest of public
and the petitioner cannot claim assignment as a matter of absolute right.
such, sought for in the present writ petition cannot be granted.
there shall be no order as to costs.
07-06-2023
Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn
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WP No.14997 of 2012
S.M.SUBRAMANIAM, J.
Svn
To
1.The District Collector, Office of the District Collector, Vellore District, Vellore, Tamil Nadu.
2.The Tahsidlar, Office of the Tahsildar, Arakkoam, Vellore District.
WP 14997 of 2012
07-06-2023
Page 6 of 6
2 issues framed by the court
Whether a registered society providing social services can claim assignment of public 'Thoppu Poramboke' land as a matter of absolute right?
Whether the impugned orders rejecting the petitioner's claim for patta in respect of classified public waste land are legal and sustainable.
1 provisions across 1 enactments
Grama Ezhai Mattrum Thikkatror Nala Sangam
The District Collector, Office of the District Collector, Vellore District
The Tahsidlar, Office of the Tahsildar, Arakkonam
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
