Selvakumar.S vs. The District Collector

Facts

The petitioner, S. Selvakumar, filed a writ petition seeking a Mandamus to direct the Tahsildar, Thiruverumbur, to dispose of his representations dated June 10, 2018, and January 4, 2021. These representations requested the issuance of a patta in his name for Survey No. 266/1, an extent of 05.00 acres of Punja land in Periyasooriyur Village, Thiruverumbur Taluk, Trichirappalli District. The respondents are the District Collector, Revenue Divisional Officer, and Tahsildar. During the hearing, the respondents' counsel circulated written instructions from the Tahsildar. The Tahsildar's report indicated that Survey No. 266/1 is classified as 'Tharisu' (wasteland) in the 'A' register and is government poramboke land. The property is under the possession and enjoyment of Tamil Nadu Paper Limited (TNPL), which utilizes the trees grown there. No patta has been issued to any individual for this survey number.

Held

The Court held that the relief sought by the petitioner, which was the issuance of a patta in his name for Survey No. 266/1, could not be granted. The reasoning was based on the report from the Tahsildar, which was placed before the Court. The report clearly indicated that the subject property, Survey No. 266/1, is classified as 'Tharisu' (wasteland) in the 'A' register and is government poramboke land. Furthermore, the property is in the possession and enjoyment of Tamil Nadu Paper Limited (TNPL), which utilizes the trees on the land for its manufacturing purposes. The report also confirmed that no patta has been issued to any individual for this specific survey number. Consequently, the Court found no basis to grant the petitioner's request for a patta. The ratio decidendi is that a patta cannot be issued for government poramboke land that is already in the possession and use of a government undertaking, especially when it is classified as wasteland.

Key Issues

1. Whether the petitioner is entitled to the issuance of a patta in his name for Survey No. 266/1, an extent of 05.00 acres of Punja land at Periyasooriyur Village, Thiruverumbur Taluk, Trichirappalli District, under Article 226 of the Constitution of India? Petitioner's Contention: The petitioner sought a direction for the disposal of his representations to obtain a patta for the specified land. Respondents' Contention: The respondents, through the Tahsildar's report, contended that the subject property is classified as government poramboke land ('Tharisu') in the 'A' register, is under the possession and enjoyment of TNPL for its industrial purposes, and no patta has been issued to any individual for this survey number. Therefore, the relief sought by the petitioner cannot be granted.