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2013 DIGILAW 1088 (MAD)

M. Lillypushpam v. Tahsildar Ambattur

2013-02-22

VINOD K.SHARMA

body2013
Order: 1. The petitioners in all these writ petitions pray for issuance of writ in the nature of Mandamus, directing the first respondent to conduct enquiry and to issue patta in favour of the petitioners with respect to the land along with building and to give compensation for illegal demolition by the respondents. 2. It is the pleaded case of the petitioners, that they are the absolute owners of the land and buildings, classified as "Natham" property, namely village property, which was enjoyed by the occupants even before the independence. 3. The petitioners claim to have become owners of the property by way of adverse possession being in possession for more than 26 years. It is pleased that the Tahsildar has also issued certificates confirming the possession of the petitioners. It is the case of the petitioners that electricity connection, etc. was also granted after no objection certificate by the Tahsildar. 4. The petitioners, being in peaceful possession and enjoyment of the properties, therefore claim issuance of patta in their favour. 5. It is further the case of the petitioners, that the land being classified as Natham, namely village land, the action of the respondents in taking steps to demolish the buildings of the petitioners is illegal, therefore irreparable loss will be caused to them, in case of demolition, especially when no compensation has been paid. 6. In support of these writ petitions, the petitioners have not placed on record any policy of the State Government which could entitle the persons in possession for grant of patta in respect of the Government land. 7. The question whether a person has perfected his title by way of adverse possession can only be determined by leading evidence before the Civil Court and cannot be gone into in the writ jurisdiction. The person claiming adverse possession has to prove by leading evidence the continuous hostile possession. 8. In the absence of any legal right and corresponding legal obligation on the part of the respondents to grant patta, no writ in the nature of Mandamus, as prayed for can be issued by this Court. The writ petitions, on the face of it, are totally misconceived, thus not maintainable. For the foregoing reasons, all these writ petitions are dismissed. No costs.