Occupancy right without formal assignment does not confer title over government poramboke land with water body.

(Order of the Court was made by S.M.Subramaniam J.)

The proceedings of the District Collector, Chennai District dated

18.07.2022 declining the claim of the petitioners for grant of patta is under challenge in the present Writ proceedings.

2. The petitioners state that they are in possession of the Government land, wherein the right to occupy was granted to them in the year 1951. In view of the said letter dated 19.03.1951 the petitioners are in occupation of the land. Thus, they should not be dispossessed from the subject land. Since notice came to be issued by the Revenue Authorities, the petitioners defended their case and not succeeded before the original Authority. Hence, preferred an appeal before the District Collector, Chennai District, who in turn conducted elaborate enquiry by affording opportunity to the petitioners and the Revenue Authorities and held that the subject land is classified as “Government Poramboke” and there was a “Kulam” in the said land. Thus, water body also been identified in a portion of the land and consequently, the appeal filed by the petitioners was rejected.

3. The learned counsel for the petitioners would mainly contend that the petitioners hold the occupancy right and therefore, they must be permitted to continue in the said land. That apart, he claims that the land was originally classified as “Village Natham” and on that ground also they are entitled to be in possession of the subject property.

4. The learned Additional Government Pleader would oppose by stating that the land is classified as Government Poramboke land and there was a “Kulam” in the said land. The occupancy is not based on any assignment. The letter relied on by the petitioners is of no avail to them, since the said letter issued in the year 1951 itself would show that the occupancy right is subject to the conditions of assignment, that will be issued in due course. However, no assignment order has been issued in favour of the petitioners. In the absence of any assignment, the petitioners cannot claim any right to continue to be in occupation of the Government land, more specifically when a portion of the land is classified as “Kulam”.

5. In respect of the Government Natham lands, the Government is empowered to regulate the same in accordance with RSO-21. The encroachers of the Government Natham lands also shall be evicted by invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905, which has been stipulated under the Revenue Standing Orders itself.

6. May that as it be, this Court in exercise of Writ jurisdiction cannot declare the property right of a person. The petitioners have not been assigned with the Government land. It is only an occupancy right given and the petitioners have not produced any subsequent assignment order, if any, issued. The property now situate in Chennai city and identified as water body and Government Poramboke. The Counter affidavit filed by the Tahsildar would also show that the subject land is Government Poramboke land and there was a “Kulam”. The relevant portion of the counter affidavit reads as under:-

Village Kottur Block No. 16 Town Survey No. 38 Old Survey No. 44/1 Classification Government Poramboke Extent Hec. Ares – Sq.m

00.07 - 68.00 Adangal ---

Use Kulam

10. It is submitted that Tvl.L.Neelamohan and K.Ramesh filed a Writ Petition before this Hon’ble Court in W.P.No.201/2020 and this Hon’ble Court by its order dated 13.01.2020 directed the Collector of Chennai District to enquire and dispose the Review Petition filed by the petitioners and to pass appropriate orders in accordance with law. Accordingly, the Collector of Chennai enquired the matter on 27.06.2022 and 08.07.2022 on which dates, the petitioners appeared in person and produced a copy