Arputham Vs The Collector

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents their Employees, Agents, Representatives etc., from any manner interfering with the Petitioners peaceful possession and enjoyment of the agricultural property situated at Survey No.369/1 measuring an extent of 1 Acre 30 Cents along with Pump Set and Motor Room at Vengaivasal Village, Tambaram Taluk, Chengalpet District formally Kancheepuram District

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For Petitioner(s): Ms.Aparna Raju, for M/S. G.Vijay Anand Associates For Respondent(s): Mr.C.Gowthamaraja, GA

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https://www.mhc.tn.gov.in/judis

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WP No. 11372 of 2021

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ORDER

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This writ petition has been filed to restrain the respondents from interfering with the petitioner’s peaceful possession and enjoyment of the agricultural property situated at Survey No.369/1 measuring an extent of 1 Acre 30 Cents along with Pump Set and Motor Room at Vengaivasal Village, Tambaram Taluk, Chengalpet District formally Kancheepuram District.

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The learned counsel for the petitioner would submit that in this case, the petitioner’s husband and his ancestors are in possession of the subject property for more than 80 years and carried on agricultural activities therein. In the year 2008, the said property was settled in favour of the petitioner. Subsequently, the petitioner’s husband had passed away. Under these circumstances, all of a sudden, the 3^rd respondent had entered into the subject property and erected a compound wall therein. Immediately, the petitioner had approached this Court by way of the present petition and obtained an order of status quo on 04.06.2021.

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Further, by referring the enjoyment certificate issued by the Village Administrative Officer (VAO) on 30.01.1988, he would submit that even as per the said certificate, the petitioner is in possession of the subject property for 20 years and hence, the petitioner is certainly entitled for patta in terms of Revenue Standing orders.

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WP No. 11372 of 2021

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In reply, the learned counsel for the respondents had confirmed the

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submissions made by the petitioner and requests this Court to pass appropriate orders.

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Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

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In the case on hand, as per the submissions made by the petitioner, the petitioner’s husband and his ancestors are in possession of the subject property for more than 8 decades and also they are carrying on agricultural activities therein. Further, it appears that an enjoyment certificate was also issued by the VAO in the year 1988, wherein, it has been stated that the petitioner is in possession of the subject property for more than 20 years. Hence, even as per the said documentary evidence, it is clear that the petitioner's family is in possession of the subject property for more than a period of 5 decades.

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In view of the above, it is clear that the petitioner is certainly entitled for patta pertaining to the subject property in terms of Revenue Standing Orders. Hence, this Court directs the petitioner to file an application before the concerned Authority for issuance of patta in her name. Upon filing of such application, the Authority concerned shall consider the same and issue patta,

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https://www.mhc.tn.gov.in/judis

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WP No. 11372 of 2021

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unless and otherwise the subject land is identified as water catchment area, viz.,

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lake, river or eri poromboke, etc. Till then, the respondents shall not disturb the

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peaceful possession of the petitioner.

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