Patta cannot be granted if possession is disputed, and no patta can be issued for water bodies and resources.

S.M. SUBRAMANIAM, J.

1. The relief sought for in this writ petition is for a direction to the respondents to issue patta in favour of the petitioner in Bopallapuram Village, Hosur Taluk, Krishnagiri District bearing Survey Nos.16/1, 16/2, 16/3, 16/4 and 16/5, measuring 1.14, 0.48, 0.15, 0.24 and 0.19 hectares respectively.

2. The learned counsel appearing on behalf of the writ petitioner made a submission that the property in Bopallapuram Village, Hosur Taluk, Krishnagiri District bearing Survey Nos.16/1, 16/2, 16/3, 16/4 and 16/5, measuring 1.14, 0.48, 0.15, 0.24 and 0.19 hectares respectively had been alloted to the petitioner by the Special Tahsildar, Hosur in proceedings in Na.Ka.424/84 dated 10.12.1974 for the purpose of cultivating mulberry. In view of the fact that the writ petitioner is in possession of the property described in the writ petition, he had planted mulberry on the land and cultivating the same. The lease period was for 5 years from 10.12.1974. The writ petitioner by putting his efforts, converted the waste land into the cultivable land. In view of the fact that the petitioner is in continuous possession and enjoyment of the said land, the writ petitioner claims that he is entitled for grant of patta.

3. The learned Special Government Pleader appearing on behalf of the respondents relying on the counter affidavit filed by the second respondent states that Survey Nos.16/1, 16/2, 16/3, 16/4 and 16/5 of Bopallapuram Village, Hosur Taluk, Krishnagiri District has been classified in the Revenue Records as follows:

16/1	Anadheenam	Not assessed waste land
16/2	Paarai (Rocks)	-----
16/3	Anadheenam	Not assessed waste land
16/4	Anadheenam	Not assessed waste land
16/5	Paarai (Rocks)	-----

Survey Nos.16/1, 16/3 & 16/4 are classified as Anadheenam lands in Revenue Records and remains as waterways to drain rain water to Bopallapuram Eri (Taluk) situated in Survey No.48 of Bopallapuram Village, Hosur Taluk, Krisnagiri District. Survey Nos.16/2 & 16/5 also remain as waterways to drain rain water to Bopallapuram Eri. Thus, the writ petitioner cannot seek grant of patta in respect of all the land which belongs to the Government and remain as waterways to drain rain water to Bopallapuram Eri.

4. It is further contended that, in respect of water bodies and water resources, the competent authorities cannot issue patta and the Hon'ble Supreme Court also directed that no patta can be issued in respect of water bodies and water resources. It is further contended that the lands comprised in Survey Nos.16/1, 16/2, 16/3, 16/4 & 16/5 are not leveled and not developed for cultivation of crops. The said land remained as waterways and the said land is not in possession and enjoyment of anyone, including the petitioner.

5. The above facts were ascertained by the Revenue Inspector and the statement of the Village Administrative Officer also reveals the same. The report submitted by the Revenue Inspector on the basis of the enquiry made shows that the writ petitioner is not in possession and enjoyment of the said land. In view of this facts, the writ petition is liable to be rejected.

6. This Court is of the opinion that when the fact regarding the possession of the land in question is disputed by the Revenue Officials, relying on the report submitted by the Revenue Inspector, question of grant of patta under the provisions of Patta Pass Book Act, 1983 does not arise at all. Section 3 of the Patta Pass Book Act states that the patta pass book can be issued to the owner of the property. Thus, the person who submits an application seeking patta is bound to establish that he is the owner of the property. In the event of any dispute in respect of the title, ownership or possession, no patta can be granted under the Patta Pass Book Act, 1983. In the present case on hand, the responde