IMPORTANT POINT
The judgment emphasizes the importance of evidence in establishing ownership claims and the validity of permissions granted for construction on disputed land.

JUDGMENT :

S.S. SUNDAR, J.

1. This vexatious litigation is by an individual for issuance of a writ of certiorarified mandamus to quash the proceedings of the 1st respondent dated 27.11.2015 and to direct the 2nd respondent to demolish the construction erected by the 3rd respondent and consequently, to direct the 1st respondent to issue patta in the name of the petitioner in respect of the property where the 3rd respondent has obtained permission to construct a Church.

2. Brief facts that are necessary for the disposal of this writ petition are as follows:

3. A extent of about 6.30 acres of land in S.No.204/2 in Chitharavuthanpalayam Village, Dharapuram Taluk, Tiruppur District, was originally a Government Poramboke land. It is admitted by the petitioner himself that the Government issued G.O.Ms.No.761 dated 13.08.1996 to regularise unauthorised constructions and grant patta for eligible persons who are residing in that place. A reading of the said Government Order gives an indication that the entire extent of land in S.No.204/2 in Chitharavuthanpalayam Village, Dharapuram Municipality, is in encroachment of more than 112 families. As per the Village Accounts, it was acknowledged in the Government Order that the land stood registered in the name of ''Municipal Chairman'', Dharapuram. However, a request came from persons who are in possession and enjoyment of the property for conversion of land into assignable lands or as poramboke lands so that the Government can consider the claim of eligible persons to get assignment. Earlier, the 1st respondent/District Collector appears to have recommended for assignment of lands in favour of eligible persons who are in possession of the Government Poramboke lands in S.No.204/2. The recommendations of the District Collector was also approved by the Commissioner, Land Administration. However, no assignment of land in favour of individuals who are in possession of Government Poramboke land was granted pursuant to the Government Order and it is admitted that the lands are classified as ''Natham'' land as directed by the Government. However, the fact that the property was originally a Government Poramboke land and it was only to enable to the Government to consider assignment of land in favour of eligible persons, the land has been classified as ''Natham''. In the absence of any assignment in accordance with the Revenue Standing Orders, the property still continue to be the property of the Government and this Court has no hesitation to conclude that the lands are the lands of Government.

4. The petitioner's parents appear to have encroached a few house sites in the same survey field and it is now admitted before this Court that the petitioner was not given any patta or assignment. This Court is able to see from the records that there is a dispute between the petitioner and the 3rd respondent and this propelled the 4th respondent to, originally file a civil suit in OS.No.249/1990 along with other plaintiffs on the file of the District Munsif Court, Dharapuram as against the petitioner's parents and few individuals apart from the Commissioner, Dharapuram Municipality and the revenue officials including the District Collector who is the 8th defendant in the suit. The prayer in the suit is for declaration that the 4th respondent herein is the absolute owner of the property and for consequential reliefs.

5. The said suit was dismissed by the Trial Court on 20.03.2008 holding that the plaintiffs who have constructed the Church and buildings in the Poramboke land owned by the Government without the permission from the Government, are not legally entitled to any relief in the suit. Since the Government has the authority to take steps in accordance with law in respect of the suit property, the Civil Court specifically held that the plaintiffs cannot claim declaration and permanent injunction as prayed for