IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

W.P.No.29107 of 2019

G.S.Pillai and Sons Charitable and Educational Trust,

Represented by its Secretary,

Mr.S.Parameshwaran,

47, Perumal Sannadhi Street,

Nagapattinam – 611001.

... Petitioner

vs.

1.The Secretary,

Department of Revenue,

The Government of Tamil Nadu,

Fort St. George,

Chennai – 600001.

2.The District Collector,

Collectorate,

Nagapattinam – 611001.

3.The District Revenue Officer,

Collector's Office,

Nagapattinam – 611001.

... Respondents

Prayer:

Writ Petition is filed under Article 226 of the Constitution

of India praying to issue a Writ of Mandamus, to consider the

representation of the Petitioner dated 04.01.2019 and sanction

the Exchange of Lands in Survey No.154/4, 163/4 and 164/4 for

lands in Survey Nos.165/2 and 165/5.

For Petitioner : Mr.J.Prajoy

For Respondents

: Mr.P.Balathandayutham

Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of

Mandamus, to consider the representation of the petitioner dated

04.01.2019 and sanction the Exchange of Lands in Survey

https://hcservices.ecourts.gov.in/hcservices/

No.154/4, 163/4 and 164/4 for lands in Survey Nos.165/2 and

165/5.

2. The case of the petitioner is that the land comprised in

S.No.154/4 ad-measuring to an extent of 0.29.5 hectare, the land

comprised in S.No.163/4 ad-measuring to an extent of 0.30.5

hectare and the land comprised in S.No.164/4 ad-measuring to an

extent of 0.79.0 hectare situated at Nagore Village,

Nagapattinam, which are classified as Government Poramboke,

belong to the petitioner and the said lands have not been used

by the public or the Government. Therefore, the petitioner

submitted representation for exchange of land before the 2^nd

respondent by a similar extent of petitioner's private lands

comprised in S.No.165/2 and the land comprised in S.No.165/5

with the poramboke lands filling within the campus of the

petitioner's trust. The value of lands comprised in S.Nos.165/2

and 165/5 are much more than the poramboke lands comprised in

S.Nos.154/4, 163/4 and 164/4.

3. On perusal of the counter affidavit filed by the 2^nd

respondent, revealed that the land comprised in S.No.154/4 ad-

measuring to an extent of 0.29.5 Are is classified as

'Government Poramboke Vaikkal', the land comprised in S.No.163/4

ad-measuring to an extent of 0.30.5 Are is classified as

'Government Poramboke Vaikkal' and the land comprised in

S.No.164/4 ad-measuring to an extent of 0.79.0 Are is classified

as 'Government Poramboke Tank'. In this regard, the Tahsildar,

Nagapattinam had sent his preliminary report dated 10.04.2015,

revealed that the petitioner's trust had encroached upon the

aforesaid lands and the Accountant General, Chennai had raised

audit objection vide letter dated 07.05.2009 stating that the

petitioner's trust encroached upon the Government Poramboke

lands and there was a loss of revenue to the tune of

Rs.8,60,652/- towards the nominal lease rent for the periods

from 1994-1997 to 2006-2008. The Accountant General also

requested to take action for recovery of the said amount besides

to finalize the lease proposal. The aforesaid lands have been

encroached by the petitioner's trust in the following manner:-

S.No

.

Surve

y No.

Classific

ation

Total

extent

Ground status of the land

1

154/4

Governmen

t

Poramboke

Vaikkal

0.29.5

Are

The status of the vaikkal has

been changed and constructed

store room building. On ground

there is pathway. On the

southern side of the vaikkal,

there is a Hostel.

https://hcservices.ecourts.gov.in/hcservices/

S.No

.

Surve

y No.

Classific

ation

Total

extent

Ground status of the land

2

163/4

Governmen

t

Poramboke

Vaikkal

0.30.5

Are

The status of the vaikkal has

been