Thoppu Poramboke - Land classified as Thoppu Poramboke (waste or uncultivated government land) has been subject to encroachment disputes, government orders for removal, and legal challenges. Authorities have issued notices to remove encroachments, and in some cases, the government has withdrawn or modified orders following petitions. The classification as Thoppu Poramboke often excludes these lands from joint family property or partition, emphasizing their government status Bhagavathi Bai Damji Patel W/o.Damji Kanji Patel vs The District Collector Collectorate Mayiladuthurai Mayiladuthurai District - Madras, Sivaraj @ Nanjundiah VS Nagarathinamma - Madras, The Dharmapuram Adheenam vs The District Collector - Madras, Aron Asir VS District Collector, O/o. the District Collector, Tirunelveli - Madras.
Legal and Administrative Actions - Courts and revenue authorities have been involved in adjudicating disputes over Thoppu Poramboke lands, including clarifying land ownership, classifying lands, and handling encroachments. In some instances, lands initially classified as Thoppu Poramboke were leased or allotted for specific purposes, such as temple sites or rehabilitation projects, with subsequent reclassification or legal challenges Bhagavathi Bai Damji Patel W/o.Damji Kanji Patel vs The District Collector Collectorate Mayiladuthurai Mayiladuthurai District - Madras, S.MURALIDHARAN vs The District Collector - Madras, M. Sarala VS District Collector, Kancheepuram - Madras.
Land Classification and Ownership - The classification of lands as Thoppu Poramboke impacts ownership rights and inclusion in property partitions. Some lands, though classified as Thoppu Poramboke, have been leased or allotted for public or private use, leading to disputes over encroachment and rights. The distinction between types of poramboke, such as channel poramboke or water bodies, is also significant in legal arguments Valliammal VS Maha Vishnu - Madras.
Government Control and Reclassification - While classified as Thoppu Poramboke, these lands often fall outside direct control of entities like Highways Department, and steps have been taken for reclassification as assessed land or for rehabilitation purposes. Government initiatives include proposals for alienation and reclassification, sometimes following legal or administrative directives S.MURALIDHARAN vs The District Collector - Madras, Aron Asir VS District Collector, O/o. the District Collector, Tirunelveli - Madras.
Specific Cases and Disputes - Several cases highlight issues of illegal leasing, encroachment, and land rights, such as the lease of Thoppu Poramboke in Sathankuppam Village or disputes over land ownership in Thirubhuvanam Village. Courts have examined whether lands are encroached or legitimately allocated, with some orders aimed at removal or regularization M. Sarala VS District Collector, Kancheepuram - Madras, Bhagavathi Bai Damji Patel W/o.Damji Kanji Patel vs The District Collector Collectorate Mayiladuthurai Mayiladuthurai District - Madras.
Analysis and Conclusion:
Thoppu Poramboke lands in Tamil Nadu are often embroiled in legal disputes, primarily revolving around encroachments, classification, and ownership rights. While these lands are designated as government waste or uncultivated land, their usage, leasing, and reclassification significantly influence property rights and administrative actions. Courts and authorities are actively involved in resolving these disputes, balancing government interests with individual rights. The classification as Thoppu Poramboke generally limits private rights but can be altered through legal and administrative measures for public or developmental purposes.
References:
- Bhagavathi Bai Damji Patel W/o.Damji Kanji Patel vs The District Collector Collectorate Mayiladuthurai Mayiladuthurai District - Madras
- Sivaraj @ Nanjundiah VS Nagarathinamma - Madras
- The Dharmapuram Adheenam vs The District Collector - Madras
- Valliammal VS Maha Vishnu - Madras
- Aron Asir VS District Collector, O/o. the District Collector, Tirunelveli - Madras
- Aron Asir VS District Collector, O/o. the District Collector, Tirunelveli - Madras
- M. Sarala VS District Collector, Kancheepuram - Madras
- S. Venkatesan & Others VS Government of Tamil Nadu, represented by its Secretary, Municipal Administration and Water Supply Department & Others - Madras
- S.MURALIDHARAN vs The District Collector - Madras
- S. K. Subbiah VS Commissioner, Municipal Administration & Water Supply Department - Madras
Poramboke and were mandated to remove alleged encroachments through an order and notice. ... India - Writ of Certiorarified Mandamus - Petitioners seek to quash an order and notice regarding land classified as Government Thoppu ... Poramboke - Government Advocate withdrew the order, allowing petitioners' request for joint patta consideration - Directives issued ... By the impugned order and impugned notice, the petitioners were called upon to remove the alleged encroachments on the ground that the subject lands are classified as Governmen....
partition, the suit property was not a joint family property and it was not included in the partition, because it was classified as poramboke ... The revenue authorities, in the year 1997, had classified the suit property as Thoppu poramboke. ... Since the suit property was classified as Thoppu poramboke, it was not included in the partition deed. ... But the ownership of the property after the same was classified as Thoppu Poramboke is to be seen. From the adangal ex....
The suit was contested by the 2nd defendant contending that the suit property is not a thoppu poramboke land, but a channel poramboke, which is not in the possession of the plaintiff. ... Though the plaintiff described the property as a thoppu poramboke, it is contended by the learned counsel for the respondents that the suit property is a channel poramboke, namely, a water body. Except documents Exs.A1 to A23, no other document is produced by the plaintiff to prove her possession. .......
Though they are poramboke lands, the Highways does not have control over the same. They have been classified as Thoppu Poramboke. In such view of the matter, the impugned notices will have to be interfered with.
Though they are poramboke lands, the Highways does not have control over the same. They have been classified as Thoppu Poramboke. In such view of the matter, the impugned notices will have to be interfered with.
The Learned Counsel for the Petitioner submitted that in Sathankuppam Village, Survey No. 292-Thoppu Poramboke land measuring an extent of 7.50 acres, was leased out to so many persons illegally and thereby, obtained a lump-sum amount. ... Vaaikal Poramboke Vaaikal Poramboke Vaaikal Poramboke Thoppu ... It is to be noted that the 7th Respondent in his counter, at paragraph 17, had proceeded to make a significant mention that even the Petitioner’s husband has encroached....
In January, 1994, the Commissioner of the third respondent Municipality makes a request to the Collector for alienation of the Ery land and the thoppu poramboke. ... This tank is located adjacent to NH 45 and there is one acre Thoppu Poromboke which is also available. The five acres of Tindivanam Ery and one Acre of Thoppu Poromboke are contiguously situated and they are situated in an elevated position. ... On 10. 1998 the Commissioner sent the proposal and the consent to acquire 5 Ac....
4, 5) ... ... Facts of the case: ... Petitioners claim rights over disputed lands classified as Thoppu ... Wherever a temple is situated, the land is generally classified as Government poramboke land and usage would be mentioned as temple. Likewise, the usage is thoppu, but the land belongs to Aatheenam. ... I humbly submit that, the property situated in the survey No.644/49 and 647/20 (old survey No.79/4) Thirubhuvanam Village, Thiruvidaimarudhur Taluk, Thanjavur District is admittedly Thoppu Paramboke#HL_E....
In the Circular it is stated that since the land is “Thoppu Poramboke” and steps have been taken to reclassify the land as “Assessed land” and after such reclassification of lands, representation will be taken into consideration by the third respondent. ... Based on the appreciation and for rehabilitation purpose, the then Chief Minister of Tamil Nadu in the year 1979, allotted an extent of 86 cents of lands classified as “Thoppu Poramboke” in Survey No.709/4 situated at Devannagoundanur Village, Kuppanur Post, Sangagiri....
Whether the appellant is an encroacher or whether Government Thoppu Poramboke land has been allotted to him in terms of G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007 and whether there was demolition of building by the respondents during the extended period of lease
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.