ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioners have come to this Court seeking for issuance of a writ of mandamus under Article 226 of the Constitution of India to forbear the respondents from taking any coercive action or demolish the house at No.24B, Subramaniyaswamy Koil Street, New Vandipalayam, Cuddalore until the first respondent pass appropriate orders after giving personal hearing to the petitioners on the appeals dated 23.08.2022, 11.08.2022, 11.08.2022 filed by the petitioners herein.
2. Learned counsel appearing for the petitioners submitted that the petitioners are in possession and enjoyment of the land covered in Survey No.1862/2, having an extent of 600 sq.ft., 600 sq.ft., & 300 sq.ft., respectively, for more than 7 decades by putting up hut/thatched house for their family shelter. The said land is also classified as Natham poramboke. That means it is pleaded, the Government has no right to take over the land or interfere with their possession. When the petitioners have been in
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possession and enjoyment of the property, they are also entitled to get patta under the various schemes implemented by the Government of Tamil Nadu, therefore, they have also made several representations to the concerned authorities with a request to issue patta and the same are pending for consideration. In the meanwhile, the Survey No.1862 has been sub-divided into T.S.No.1862/1 having an extent of 0.3113.0 Hectares belonging to Arulmighu Subramaniya Swamy Temple and a further sub-division also has been made as T.S.No.1862/2, which is also classified as Natham Poramboke land. Since the petitioners have been in possession of the land covered in T.S.No.1862/2, which is neither classified as water body nor objectionable poramboke land, the impugned notice dated 03.08.2022 issued by the second respondent under Sections 502 & 258 of the Cuddalore City Municipal Corporation Act, 2022 directing the petitioners to vacate from the premises is untenable.
3. It is at this stage, Mr.L.P.Maurya, learned Standing Counsel appearing for the second respondent, placing before us the Cuddalore
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Corporation Town Survey Field Register extract, submitted that the land covered in Survey No.1862/2 having an extent of 0.2269.0 Hectares is a Circar poramboke, which is also classified as Kuttai (pond)/waterbody.
4. Having heard the learned counsel appearing for the parties, when the petitioners' stand that the land in question is classified as Natham poramboke, has been disproved by the authenticated Cuddalore Corporation Town Survey Field Register extract, we are not inclined to entertain these writ petitions. Accordingly, the writ petitions fail and they are dismissed. Consequently, W.M.P.Nos.25623, 25625, 25627 of 2022 are also dismissed. However, there is no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 30.09.2022
ss
To
1. The District Collector O/o District Collector Cuddalore District
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2. The Commissioner Cuddalore City Municipal Corporation Cuddalore
3. The Tahsildar Vandipalayam Tahsildar office Cuddalore District
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THE HON'BLE ACTING CHIEF JUSTICE
AND
D.KRISHNAKUMAR,J.
ss
30.09.2022
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