Gramanatham land is private in nature and the government cannot refuse a patta based on unsubstantiated claims of government ownership or public usage, especially when possession by the rightful owner is already established by judicial records.

ORDER

This writ petition has been filed challenging the impugned order dated

07.08.2023 passed by the 3^rd respondent in proceedings bearing in Na.Ka.No

3263 / 2022/ A2.

2.Learned counsel for the petitioner would submit that the petitioner is the owner of the property to an extent of 1700 sq.metres comprised in S.No.111-28, Thandalai Village, Tiruvarur Taluk, Tiruvarur District, which is a “Gramanatham land”. The petitioner purchased the subject property through four sale deeds dated 15.06.2017 from one K.Thillainayagam through his power agent R.Ilamurugan. The petitioner’s vendor acquired the subject property through partition deed dated 27.11.1959. From the year 1959, the subject property was put to use by the petitioner’s vendor and the petitioner was in possession and enjoyment of the subject property from the year 2017. While so, when the petitioner approached the respondents seeking to grant patta in her favour in respect of the subject property, she was informed that the subject land fell under “Niluvai Inam”. Thereafter the petitioner approached this Court seeking to consider her representation requesting for patta and after three round of litigation, the petitioner’s representation was rejection vide order dated 07.08.2023, by the 3^rd respondent on the ground that the petitioner is not in possession of the subject property and it fell under the category of “Sarkar Poramboke” and it is used as play ground by Thandalai Panchayat Union Middle School. Challenging the said rejection order dated 07.08.2023, the present writ petition has been filed.

3.Learned Government Advocate appearing for the respondents would submit that since the subject property has been used as play ground by Thandalai Panchayat Union Middle School and it fell under the category of “Sarkar Poramboke”, the 3^rd respondent had rejected the petitioner’s representation.

4.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents.

5.Considering the submissions made by either parties and on perusal of the records, it is evident that this Court vide order dated 11.01.2022 in W.P.No.8783 of 2020 filed by the petitioner seeking to direct the respondents to consider her representation for grant of patta, has categorically held as follows:-

“It is made clear that the petitioner is in possession and enjoyment of the subject property comprised in Survey No.111- 28, Thandalai Village, Tiruvarur Taluk, Tiruvarur District admeasuring 1700 sq.mtrs and the 3^rd respondent is directed to survey the same, if it required.”

Though this Court has recorded that the petitioner is in possession and enjoyment of the subject property the 3^rd respondent has rejected the petitioner’s representation stating that the petitioner is not in possession of the subject property and the property is vest with the Government.

6.Learned counsel for the petitioner produced the recent photographs dated 03.04.2026 to show that the petitioner is in possession of the subject property by denying the contention of the respondents that the subject property is vest with the Thandalai Panchayat Union Middle School. However, the respondents have no proof to show that the subject property is used as play ground by the Thandalai Panchayat Union Middle School. Such being the case, when the Court has recorded that the petitioner is in possession of the subject property, and the said order is not challenged, rejecting the petitioner’s representation stating that it is used by the Government School as play ground is not proper. The petitioner has purchased the subject property vide four sale deeds dated 15.07.2017 and she is possession of the property from the date of purchase and the petitioner’s vendor has obtained the subject property th