Judgment:
This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the fourth respondent to issue patta to the petitioner's property comprised in S.No.288 at Polichalur Village, Tambaram Taluk, Kancheepuram District, measuring an extent of 3 acres of vacant land, situated within the office of the Sub Registrar at Pammal in Registration District of South Chennai.
O R D E R
1. Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.
2. This writ petition has been filed by the petitioner praying that this Court may be pleased to issue a writ of Mandamus to direct the fourth respondent to issue a patta, in favour of the petitioner, in respect of the property comprised in S.No.288, Polichalur Village, Tambaram Taluk, Kancheepuram District, having an extent of 3 acres of vacant land.
3. Even though the learned counsel appearing for the petitioner had submitted that the land in question had been assigned to the petitioner, he has not been in a position to produce the assignment order, based on which the petitioner is making the claim.
4. Per contra, the learned Additional Government Pleader appearing for the respondents 1 to 4, had submitted that the land in question has been shown in the relevant revenue records as Poramboke water source. He had further submitted that a number of persons, including the petitioner, have encroached upon the lands. He had also placed a communication, dated 8.10.2007, issued by the District Collector, Kancheepuram, in support of his contentions. He had also submitted that the land in question cannot be assigned to the petitioner, in view of the earlier orders passed by this Court, as it is a poramboke water course.
5. The learned Additional Government Pleader had also placed before this Court a policy note issued by the Revenue Department of the Government of Tamil Nadu, for the year 2012-2013, wherein it has been stated that a Government order had been passed, in G.O.Ms.No.41, Revenue Department, dated 20.1.1987, banning the issuance of orders for regularisation of such encroachments. The Government order, in G.O.Ms.No.186, Revenue Department, dated 29.4.2003, had also been issued to follow the Government orders, scrupulously.
6. It has also been stated that the state Government had been directed, by an order passed by this Court, in W.P.No.20186 of 2000, to identify the illegal encroachments on the water course porambokes and to restore the original position, after evicting the encroachers. Further, in view of the directions issued by the Supreme court of India, in S.L.P.No.3109 of 2011, and in C.A.No.1132 of 2011, the state Government is under an obligation to formulate an action plan to evict the encroachments in Poramboke lands and other lands vested with the village panchayat and other local bodies, for the betterment of the community at large.
7. In such circumstances, this Court does not find sufficient grounds to grant the relief, as prayed for by the petitioner, in the present writ petition. The writ petitioner has not been in a position to show that the land in question has been assigned in his favour, by the state Government, as claimed by him. He had also not been in a position to refute the statements made on behalf of the respondents 1 to 4 that the said land has been classified as Poramboke water course, in the revenue records. Hence, the writ petition stands dismissed. No costs. Connected M.P.No.1 of 2008 is closed.