IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
R.Sivachidambaram – Appellant
Versus
The Commissioner of Land Administration, Chepauk, Chennai - 600 005. – Respondent
W.P(MD)No.7722 of 2026
| Table of Content |
|---|
| 1. court acknowledges the scope of writ jurisdiction. (Para 1 , 2 , 3 , 8) |
| 2. claims regarding government land and assignment conditions. (Para 4 , 5 , 6 , 7) |
| 3. public interest litigation must meet specific legal standards. (Para 9) |
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition seeking a direction to the second respondent to consider the petitioner’s representation dated 14.08.2024 for conducting an enquiry and for cancellation of the patta standing in the name of the sixth respondent in respect of Survey No.282/2, situated at Neerpalani Revenue Village, Viralimalai Taluk, Pudukkottai District.
2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
3.Mr.A.Kannan, learned Additional Government Pleader, accepts notice for the official respondents. Considering the limited relief sought by the petitioner, notice to the sixth respondent is dispensed with.
4.The petitioner has filed the present Writ Petition styling it as a Public Interest Litigation, contending that the property in Survey No.282/2, situated at Neerpalani Revenue Village, Viralimalai Taluk, Pudukkottai District, is Government land classified as “Kalar Boomi” and has been used by the villagers for public purposes.
5.According to the petitioner, upon verification of revenue records, it came to light that the sixth respondent had fraudulently obtained patta in respect of the said Government land. It is further stated that the land was originally assigned by the Government in the year 1998 in favour of one Maruthan, subject to certain conditions. However, in violation of the conditions of assignment, the said property was alienated through a series of transactions, ultimately culminating in the sixth respondent claiming title.
6.The petitioner contends that such transfers are illegal and contrary to the terms of assignment, and therefore, the patta granted in favour of the sixth respondent is liable to be cancelled. It is also stated that the sixth respondent has filed a suit for bare injunction in O.S. No.4 of 2024 on the file of the Sub Court, Keeranur, suppressing the material facts relating to the nature of the land.
7.In these circumstances, the petitioner submitted a representation dated 14.08.2024 to the official respondents seeking an enquiry and cancellation of the patta. However, no effective action has been taken. Aggrieved by the alleged inaction, the present Writ Petition has been filed.
8.Heard the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.
9.On a perusal of the materials available on record, we are of the view that the present Writ Petition, though styled as a Public Interest Litigation, does not satisfy the requirements of a genuine public interest litigation. The issues raised involve disputed questions of title and require adjudication on facts, which cannot be undertaken in a writ jurisdiction. Further, if any patta has been issued, it is always open to the petitioner to work out his remedy by filing an appropriate appeal before the competent District Revenue Authorities in the manner known to law.
10.In view of the above, the Writ Petition is dismissed. No costs.
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