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2012 Supreme(Mad) 3249
High Court of Judicature at Madras
R. SUDHAKAR
Semathamman Koil Charitable Trust, represented by its Managing Trustee
Versus
Secretary to Government, Government of Tamil Nadu & Others
Writ Petition No.18963 of 2012 & M.P.Nos.1 and 2 of 2012
Decided on : 25-07-2012
For the Petitioner:R. Thamodaran, Advocate.
For the Respondents:R1 & R2 - R. Govindasamy, Additional Government Pleader, R3 -V. Ramajagadeesan, Advocate.
The main legal point established in the judgment is that ownership of land must be substantiated with revenue documents, and government orders clearly stating the nature of the land are influential in determining ownership rights.
Headnote:
Poramboke Land - Temple Land - The court dismissed the writ petition challenging the government order permitting the Chennai Metro Rail Ltd. to enter upon the poramboke land where a temple was situated, as the petitioner failed to produce revenue documents to prove ownership of the land, and the government order clearly stated that the land was government poramboke land.
Fact of the Case:
The petitioner filed a writ petition challenging a government order permitting the Chennai Metro Rail Ltd. to enter upon the land where a temple was situated, claiming ownership of the land. The court found that the petitioner failed to produce revenue documents to prove ownership of the land and that the government order clearly stated that the land was government poramboke land.
Finding of the Court:
The court found that the petitioner had no merit in the writ petition as they failed to substantiate any claim over the land and that the possession had already been taken over by the third respondent.
Issues: The main issue was the ownership of the land where a temple was situated and the challenge to the government order permitting the Chennai Metro Rail Ltd. to enter upon the land.
Ratio Decidendi: The court dismissed the writ petition as the petitioner failed to produce revenue documents to prove ownership of the land and the government order clearly stated that the land was government poramboke land.
Final Decision: The writ petition was dismissed with no costs, and the connected miscellaneous petitions were closed.
1. This Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records of the first respondent dated 2.2.2011 and made in his G.O.Ms.No.34, Planning, Development and Special Initiatives (S.1) Department and quash the same.
2. Mr. R.Govindasamy, learned Additional Government Pleader, takes notice for the respondents 1 and 2 and Mr.V.Ramajagadeesan, learned counsel takes notice for the third respondent. By consent the writ petition is taken up for disposal.
3. This writ petition is sequel to earlier Writ Petition No.7390 of 2012 filed by the very same petitioner. The order dated 28.3.2012 passed in W.P.No.7390 of 2012 by this Court reads as follows:-
"Petitioner has come up with the present writ petition for issuance of a writ of mandamus forbearing the respondents in any manner disturbing the possession of the temple land held by the general public of Koyambedu Village that is the land comprised in Survey No.158/2 where Sri Semathamman Temple is situate.
2.) Learned counsel appearing for the Chennai Metro Rail Ltd., has submitted that the land referred to in the writ petition belongs to the Government, which is a poromboke land and hence, by G.O.Ms.No.34, Planning, Development and Special Initiative (S.I) Department dated 02.02.2011, C.M.R.L. was permitted to enter upon the land with immediate effect.
3.) In view of the above stated position, the petitioner cannot maintain the writ petition for a mandamus and the petitioner has to challenge the said proceedings in a manner known to law. Therefore, this writ petition stands disposed of with liberty to the petitioner to challenge the said proceedings if it is so advised. Consequentially connected miscellaneous petition is closed. There shall be no orders as to the costs."
4. Present writ petition is filed challenging the G.O.Ms.No.34, Planning, Development and Special Initiative (S.I) Department dated 02.02.2011.
5. On going through the affidavit filed in support of the writ petition and the documents filed in the typedset of papers, the petitioner has not produced any revenue documents to show that the land in question, namely, Survey No.158 part, T.S.No.1, Block No.40, Koyambedu Village belongs to the petitioner temple other than poramboke land. Whereas in the G.O.Ms.No.34 Planning, Development and Special Initiative (S.I) Department dated 02.02.2011, it has been clearly stated that an extent of 3245 square meters of land is vacant sarkar poramboke (kovil) land coming under Egmore-Nungambakkam Taluk, Koyambedu Village. It is, therefore, clear that the land in question is a poramboke land, where it could be possible that a temple was constructed. Apparently, the land does is not belong to any particular individual and the land as per record clearly is Government Sarkar poromboke land. Therefore, there is no question of the petitioner having any right over the property to object to the user of the same by the third respondent, consequent to transfer of land under the impugned G.O.
6. Thiru Ramajagadeesan states that possession has already been taken over and the writ petition is totally misconceived.
7. The plea of the counsel for the third respondent is accepted in the absence of material record to substantiate any claim over the said land by the petitioner, the writ petition is misconceived.
8. The writ petition filed by the so-called Managing Trustee of the trust formed in the year 2003, has no merit.
9. In view of the above, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
