D. Subramani v. Additional Chief Secretary to Government of Tamil Nadu, Department of Revenue and Disaster Management, Chennai
2021-08-17
C.V.KARTHIKEYAN
body2021
DigiLaw.ai
JUDGMENT : C.V. KARTHIKEYAN, J. Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 5th and 6th respondents to consider petitioner representation dated 28.05.2021 and thereby conduct Land Survey pertaining to the property namely 287 sq. metres comprised in Old S. No. 130A/1A, New S. Nos. 460/23, 24, 25 and 26, as per Patta No. 347 admitted S. No. 370/1A1B, Ammanur Village, Arakkonam Taluk, Ranipet District and issue patta as per the Special Scheme issued vide G.O.Ms. No. 318 dated 11.09.2020 as extended by one more year vide G.O.Ms. No. 480 dated 11.09.2021, if necessary with the aid of police protection force from 7th respondent at the request of 4th respondent if made as per Section 13 of the Tamil Nadu District Police Act, 1859. 1. The writ petitioners have filed the present Writ Petition in the nature of a mandamus seeking measurement of their property in S. No. 370/1A1B, Ammanur Village, Arakkonam Taluk, for the purpose of grant of patta. 2. The petitioners rely on G.O.Ms. No. 480 dated 11.09.2021, issued by the Revenue and Disaster Management Department Land Disposal Wing, [L.D.1(2)] Department. This particular Government Order relates to relaxation for encroachment in unobjectionable poramboke lands. 3. Naturally when the petitioners seeks measurement of the said lands and takes advantage of the said Government Order, it has to be first examined whether the lands in S. No. 370/1A1B which are admittedly Government lands are objectionable poramboke or unobjectionable poramboke. This exercise has to be taken in the first instance. This is crux of the argument put forth by Mr. Yogesh Kannadasan, learned Government Advocate. 4. The learned Government Advocate further states that unless that particular exercise is undertaken, it may not be possible even to measure the lands of the petitioners and grant patta. 5. The petitioners claim that this particular land for which they now seeks measurement and grant of patta is adjacent to their patta lands. I am informed by Mr.Yogesh Kannadasan, learned Government Advocate that the period of the said Government Order is extended for further period of one year from 30.08.2020 which would in effect mean that it is valid till atleast 30.08.2021. 6.
I am informed by Mr.Yogesh Kannadasan, learned Government Advocate that the period of the said Government Order is extended for further period of one year from 30.08.2020 which would in effect mean that it is valid till atleast 30.08.2021. 6. Therefore, since a representation dated 27.05.2021 had already been given to various officials, I would rather issue a Mandamus on the said official/5th respondent/ Tahsildar, Office of Arakkonam Taluk in Arakkonam to first examine whether the lands as mentioned by petitioner in S. No. 370/1A1B in Ammanur Village, Arakkonam Taluk, are objectionable poramboke or unobjectionable poramboke. 7. Depending on the conclusion reached, the Tahsildar, Arakkonam, may also issue notice to the petitioners and examine the lands, examine the petitioners and thereafter take a considered decision. 8. It is also seen that the petitioners have also sought measurement to be conducted with respect to the patta to the lands of the petitioners in Old S. No. 130A/1A, New S. Nos. 460/23, 24, 25 and 26 in Patta No. 347 measuring 287 sq. metres in Arakkonam Taluk, Ranipet District. That exercise can be carried out by the Tahsildar after issuing again notice to the petitioners and proceeding in the manner known to law. The Tahsildar is under an obligation to dispose of the representation of the petitioners within a period of 12 weeks from the date of receipt of a copy of this order. 9. With the above said observation, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No order as to costs.