Murugesan.K Vs the Collector

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the Impugned Order dated 21.12.2021 in Na.Ka.No. 6490/2021/C1 passed by the 3^rd respondent and quash the same and in consequence direct the 3^rd respondent to issue necessary order confirming that this petitioner had public access through Survey No.60/15 to the Petitioners

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W.P(MD)No.1074 of 2022

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property situated at Survey No.60/12B, 60/1C, 60/14, 65/13A & 65/9 of V.Ammapatti Village, Peraiyur Taluk, Madurai District within stipulate period.

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For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.A.Kannan Addl. Govt. Pleader

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ORDER

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The writ petitioner seeks issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the third respondent in Na.Ka.No. 6490/2021/C1 dated 21.12.2021 and quash the same and to direct the 3^rd respondent to issue necessary order confirming that this petitioner had public access through Survey No.60/15 to the petitioner's property situated at Survey Nos.60/12B, 60/1C, 60/14, 65/13A & 65/9 of V.Ammapatti Village, Peraiyur Taluk, Madurai District.

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2.The petitioner claims that he had purchased the property in the aforesaid survey numbers by way of two registered documents in Doc.Nos. 4376/2012 and 5123/2012. He pleads that the access to the property is through the Government Poramboke land situated in S.No.60/15 of the same village. Encroachments had occurred over the said land. Hence, the petitioner filed W.P.(MD)No.11361 of 2021. In the said writ petition, he sought removal of

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encroachments. This Court directed the removal of encroachments, and the encroachments also were removed.

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3.After the encroachments were removed, the petitioner gave a representation on 06.10.2021 seeking an order from the second respondent for having access to his land through the said Government Poramboke land in S.No.60/15. The said request was rejected by the third respondent by the impugned order.

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4.When the matter came up before me on 03.02.2025, I requested the learned Additional Government Pleader Mr.A.Kannan to get instructions from the third respondent/Tahsildar as to why access to the petitioner's property is being prevented.

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5.The third respondent/Tashildar has given written instructions to the Additional Government Pleader in Na.Ka.No.3721/2024/A4 dated 04.02.2025. In the above said letter, the Tashildar has stated as follows:-

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“kDjhuu; Nkw;gb fpuhkj;jpy; FbapUg;G ,y;iy. NkYk; kDjhuuJ Gyq;fs; njhlu;e;J tptrhak; nra;ag;glhky; cs;sJ.

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kDjhuu; tptrhak; nra;a Neu;e;jhy; ej;jk; fhypaplk; topahfNth my;yJ mUfpy; cs;s Gyq;fspd; topahfNth nrd;W tu vtUk; jilnrhy;ytpy;iy.

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kDjhuu; jdpahf ghij NfhUtJ Vw;ftpayhJ. kDjhuu; Gyj;jpw;F ghij Ntz;Lnkdpy; mUfpy; cs;s Gy vz; 60 /16 -y; fpiuak; ngw;W ghij mikj;Jf;nfhs;syhk;.

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kDjhuu; tptrhak; nra;tjw;F ele;J nry;tjw;Nfh my;yJ tptrha nghUl;fis nfhz;L nry;tjw;Nfh vtUk; Ml;Nrgid njuptpf;ftpy;iy.

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tptrha epyq;fs; xt;nthd;Wf;Fk; ghij toq;f ,ayhJ. tptrha epyq;fSf;F mUfpy; cs;s tug;G tha;f;fhy; %yk; nry;y Ntz;Lk;.

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kDjhuu; ghij NfhUk; Gyj;jpy; fpuhk Njitf;fhf jz;zPu; njhl;b mikf;f gzp Muk;gpf;fg;gl;L tof;fpdhy; epWj;jg;gl;Ls;sJ.

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kDjhuu; ,JtiuapYk; tptrhak;

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Nkw;nfhs;stpy;iy. jdpahf ghij Vw;gLj;jg;gl;lhy; mt;tplk; tPl;blkhf khWtjw;F tha;g;Gs;sJ. kDjhuu; ghij ngw;Wtpl;lhy; Nkw;gb Gyj;jpd; tpiykjpg;G cau tha;g;Gs;sJ. vdNt ghij ngw;W tpw;Wtplyhk; vd;w mbg;gilapy; ghij NfhUfpwhu;. vdNt kDjhuupd; Nfhupf;ifapd; Ngupy; fpuhk ej;jk; fhypalj;jpy; jdpahf

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cl;gpupT nra;J ghij toq;f ,ayhJ vd;w tpguj;ij njuptpj;Jf; nfhs;fpNwd;.

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kDjhuu; tptrhak; nra;tjw;F Nkw;gb Gyj;jpd; topNa nrd;W tu vtUk; Ml;Nrgid njuptpf;ftpy;iy vd;gjhYk; kDjhuu; ghij NfhUtjd; Nehf;fk; tptrhak; nra;tjw;F my;y vd;gjhYk; kDjhuupd; Nfhupf;ifia Vw;ftpayhJ vd;w tpguj;ij gzpTld; njuptpj;Jf;nfhs;fpNwd;. vdNt ,f;fhuzj;ij khz;gik ePjpkd;wj;jpy; vLj;Jiuj;J tof;fpid KbTf;F

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nfhz;LtuNtz;Lkha; Nfl;Lf;nfhs;fpNwd;.”

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This is a clear and categorical statement made by the Tahsildar. It is made clear that it is not an intention of the Government to prevent the access of the petitioner to his property through the Natham land. He also pointed out that the land has been earmarked for the construction of a water tank for the use of the villagers. This public purpose had not been proceeded on account of the pending of this writ petition.

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The point remains that the Tahsildar has made it clear that it is not the intention of the third respondent to prevent the access of the petitioner, who alleges fear that he will be prevented entering his property through S.No.60/15.

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It is the right of the Government to grant assignment of its properties

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to deserving third parties. There cannot be mandamus directing the Government to issue a patta or license to enable the person to enter into the Government property to have access to his private property.

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For the purpose of this case, suffice it to record the statement of the Tahsildar that the petitioner's ingress and egress to his property through S.No. 60/15 will not be prevented by the State. At this stage, it is urged that the writ petitioner could also develop the property at a later date. To develop an agricultural property into a layout, it requires permission from the appropriate authority. In case, the petitioner secures that permission, I am sure that the proceedings of the Tahsildar will not stand in the way.

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