This High Court dismissed a writ petition filed by Chinnathai challenging an order by the Tahsildar. The court held that the land is government vacant land with an Anganwadi Centre built on it and the matter of boundary dispute requires adjudication by a civil court.
Petitioner directed to approach the competent civil court; no order as to costs.
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.3277 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-08-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.3277 of 2023 And
WMP Nos.3329 and 3330 of 2023
Chinnathai
... Petitioner
Vs.
Pincode-638 001.
Pincode-638 001.
Pincode-638 001.
Pincode-638 052.
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WP No.3277 of 2023
5.The Block Development Officer, Chennimalai, Erode District.
6.The President, Vadamugam Vellode Panchayat, Perundurai Taluk, Erode District, Pincode-638 052.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the fourth respondent in t/m/kD 524-22-v!;/2 dated 28.11.2022 and quash the same and consequently direct the fourth respondent to issue patta in Old Survey No.655B, New S.No.641/ 3 at Vadamugam, Vellode Village, Perundurai Taluk, Erode District.
For Petitioner : Mr.K.Murugesan For Respondents : Mr.C.Jayaprakash, Government Advocate.
O R D E R
The order dated 28.11.2022 issued by the fourth respondent-
Tahsildar, is under challenge in the present writ petition.
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WP No.3277 of 2023
purchased the subject property as described in the present writ petition.
passed an order stating that the subject property has been classified as 'Government Vacant Poramboke'. There is no patta in the name of the petitioner and more-so, in the said Government land, an Anganvadi Centre has already been constructed.
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WP No.3277 of 2023
the Competent Civil Court of Law for the purpose of establishing his civil rights based on the documents and evidences available on record.
However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also dismissed.
10-08-2023
Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn
To
Page 4 of 6
WP No.3277 of 2023
Pincode-638 001.
Pincode-638 001.
Page 5 of 6
WP No.3277 of 2023
S.M.SUBRAMANIAM, J.
Svn
WP 3277 of 2023
10-08-2023
Page 6 of 6
2 issues framed by the court
Whether the writ petition seeking issuance of patta for the subject land be allowed.
Whether the impugned order of the Tahsildar classifying the land as Government vacant pambroke and directing suit for civil title be sustained.
2 provisions across 2 enactments
Chinnathai
The District Collector, Erode
The District Welfare Officer, SC/ST Welfare Department, Erode
The Revenue Divisional Officer, Erode
The Tahsildar, Perundurai
The Block Development Officer, Chennimalai, Erode District
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
