High Court · 2025

W.A.No.2137 of 2022----------------------------THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.09.2025CORAM:THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMANDTHE HONOURABLE MR.JUSTICE C.SARAVANANW.A.No. 2137 of 2022V.Mottaiyan...AppellantVs.1.The District Revenue Officer, Villupuram District, Office of District Collectorate, Villupuram. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi, Villupuram District. 3.The Tahsildar, Office of the Tahsildar, Sankarapura, Villupuram District. ...Respondents PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 03.08.2022 passed in W.P.No.11921 of 2019 confirming the orders of the respondents dated 26.03.2019, 07.04.2017 and 15.09.2015 respectively and order directing the respondents to grant orders of 1/8 https://www.mhc.tn.gov.in/judis W.A.No.2137 of 2022----------------------------assignment and patta in respect of the land of an extent of 0.23.5 Hectares (58 Cents) in S.No.146/7, Thandalai (North), Sankarapuram Taluk, Kallakurichi District. For Appellant : Mr.M.RajaramanFor Respondents: Mr.Vadivelu Deenadayalan, Addl. Govt. Pleader******J U D G M E N T(Order of the Court was made by S.M.SUBRAMANIAM, J.)The order that is sought to be assailed is the writ order dated 03.08.2022 made in W.P.No.11921 of 2019. 2. The petitioner is the appellant herein. The Writ Petition has been instituted challenging the rejection order dated 26.03.2019 issued pursuant to the directions issued by this Court in W.P.No.32414 of 2017 dated 13.12.2017 directing the Authorities to consider the representation submitted by the writ petitioner for grant of patta in respect of the Government land, which has been admittedly classified as objectionable Government pattai poramboke land. The said land has been utilized as a street and for public usage. The Government is 2/8 https://www.mhc.tn.gov.in/judis W.A.No.2137 of 2022----------------------------of the opinion that the subject land is a valuable land and required for public purposes. 3. The learned counsel for the appellant would mainly contend that the appellant/ writ petitioner is the absolute owner of the patta land in S.Nos.146/3A, 146/3B and 146/3C measuring an extent of 91 cents. Adjacent to his patta land is the Government pattai poramboke land in S.No.146/7. The appellant claims that he is in possession of the said Government land for several years and using the same. Since the land is required for agricultural purposes, he made an application for grant of patta in respect of Government pattai poromboke land in S.No.146/7. Further the appellant would contend that the portion of his patta land in S.No.146/3B has been utilized for laying road at the request of the village people and the appellant also agreed for laying of road. Since patta land has been utilized for public purposes, he filed an application for the purpose of assigning the Government pattai poramboke land in S.No.146/7. 4. The learned counsel for the appellant would rely on the Revenue Standing Order No.15 and say that the Government is empowered to provide alternate land in certain circumstances. Power to grant patta and assignment is 3/8 https://www.mhc.tn.gov.in/judis W.A.No.2137 of 2022----------------------------also conferred under the Revenue Standing orders. As per clause 3 to RSO 15 the appellant is also to be construed as "landless person" since his patta land is not exceeding the extent of land contemplated under the definition. 5. The learned Additional Government Pleader would oppose by stating that the application submitted by the appellant/ writ petitioner was considered in detail with reference to the requirement of the Government pattai poramboke land for public purposes. The District Revenue Officer, Villupuram adjudicated the issues by affording opportunities to all the parties. 6. The facts in detail considered by the District Revenue Officer are that the application submitted by the appellant is for grant of assignment of pattai poramboke land of 0.23.5 hectares in S.No.146/7 on the basis of his long possession and enjoyment. Admittedly, the appellant is owning land adjacent to the said Government Pattai poramboke land. As per the Revenue Standing Orders the subject land in S.No.146/7 is an objectionable pattai poramboke land and public road is also adjacent to the said Government land in S.No.146/7. Since the subject pattai poramboke land situate adjacent to the public road, the said portion of the land may be required for expansion of road projects and for other public purposes. Under those circumstances, the District 4/8 https://www.mhc.tn.gov.in/judis W.A.No.2137 of 2022----------------------------Revenue Officer rejected the application seeking patta in respect of S.No.146/7, which is the objectionable pattai poramboke land. The order also indicates that the said land will be required in future by the Government and the land is more valuable in that locality at present. 7. This Court is of the considered view that availability of provision under the Revenue Standing Orders would not provide an absolute right to the applicant seeking direction to grant assignment by instituting a writ proceeding. All lands belong to the Government, ownership is to be established by the authority of law. In the present case, the subject land is admittedly classified as objectionable Government pattai porambode land situate adjacent to the public road. Thus, the Government has taken a decision not to grant assignment in respect of the said pattai poramboke land, as it may be required for future expansion of road and for other public purposes. The learned Additional Government Pleader would submit that the assignment of objectionable pattai poramboke land is barred under Revenue Standing Order 15(2)(5). 8. The assignment of Government land cannot be claimed as an absolute right. The scope of judicial review in the matter of grant of assignment / patta is limited. The power of the High Court under Article 226 of the Constitution 5/8 https://www.mhc.tn.gov.in/judis W.A.No.2137 of 2022----------------------------of India is to ensure the process through which the decision has been taken in consonance with the statute and Rules in force, but not the decision itself. Therefore, the High Court cannot issue a positive direction to assign objectionable pattai poramboke land in favour of individuals, since because such land situate adjacent to the patta land belongs to the appellant. 9. Per contra, the respondents would submit that the objectionable Government pattai poramboke land is situated adjacent to the public road and required for future expansion of road projects or for other public purposes. The land value as per the Government in that locality is sky rocketing. Thus the Government had taken administrative decision not to grant assignment on the ground that it is objectionable Government pattai poramboke land. 10. In respect of the contention raised by the appellant that a portion of his patta land has been taken away at the request of the villagers and the road is laid, it is for the appellant to submit necessary application seeking compensation from the Authority. If the facts stated by the appellant is found to be correct, then his claim for award of compensation is to be considered in accordance with law. 6/8 https://www.mhc.tn.gov.in/judis W.A.No.2137 of 2022----------------------------11. For the reasons stated above, this Court do not find any infirmity in respect of the decision arrived at by the writ Court and the same stands confirmed. Consequently, the Writ appeal stands dismissed. No costs. (S.M.S., J.) (C.S.N., J.) 08.09.2025dsaIndex:Yes/NoNeutral Citation :Yes/NoSpeaking/Non-speaking orderTo:1.The District Revenue Officer, Villupuram District, Office of District Collectorate, Villupuram. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi, Villupuram District. 3.The Tahsildar, Office of the Tahsildar, Sankarapura, Villupuram District. 7/8 https://www.mhc.tn.gov.in/judis W.A.No.2137 of 2022----------------------------S.M.SUBRAMANIAM, J.andC.SARAVANAN, J.dsaW.A.No. 2137 of 202208.09.20258/8