WP/40060/2026 of Indirani Vs The State Government of Tamil nadu on 5 October 2026

Order

(Order of the Court was made by S.M.Subramaniam J.) The lis on hand has been instituted to direct the respondents to consider the representation submitted by the writ petitioner on 10.07.2026 for grant of patta in respect of the property comprised in Old survey no 123/1B, New Survey No 123/26 Kovilambakkam village, Gandhi street, Shollingnallur Taluk, Kancheepuram District.

2. Learned counsel for the writ petitioner Mr.Nandagopal would submit that the application seeking Patta in respect of the subject property has not been considered mainly on the ground the land has been classified as "Meikkal Poramboke (grazing land)". In respect of grazing land, no Patta can be issued under the Statute. Under these circumstances, the petitioner moved the present writ petition seeking a direction to dispose of the representation.

3. A direction to dispose of the representation cannot be granted by the High Court in a routine manner. In the absence of establishing any right or infringement of right, if any direction has been issued to consider the representation, it would do no service to the cause of justice, but the litigant will be back again by filing another round of litigation. That apart, in the absence of establishing any right, no writ under Article 226 of the Constitution of India is maintainable.

4. The practice of filing writ petition to dispose of the representation without even establishing the right is in ascending mode, whereby the parties are attempting to reopen the dead cause of action or to secure orders to achieve their goal in an indirect manner. Such directions are often paving way for corrupt practices in Government departments. Therefore, the High Court before issuing any such direction to dispose of the representation, has to ascertain whether any right of the person is established or infringement of right has been established.

5. Section 3 of the Patta Passbook Act, in clear terms stipulates that the owner of the property is entitled to file an application seeking issuance of patta passbook. Sub-section (1) to Section 3 states that, “the Tahsildar shall issue a patta pass book to every owner in respect of land owned by on and application made by his in this behalf. Any application received under this section shall be acknowledged by the Tahsildar or any other officer authorised by him in this behalf”. Any application received under this Section shall be acknowledged by the Tahsildar or any other officer authorised by him in this behalf. The procedures are contemplated under the Tamil Nadu Patta Passbook Rules which were framed in exercise of the powers conferred under Section 22(1) of the Tamil Nadu Patta Passbook Act. Rule 4 provides the procedure on receipt of an application or information. Under sub-rule (3), the Tahsildar shall conduct summary enquiry.

6. In the present case, even as per the petitioner, the subject land has been classified as “Meikkal Poramboke”. If at all the petitioner claims any title or ownership, she has to approach the competent civil court of law to establish the same through documents in original and evidences available on record.

Even in respect of the Natham Poramboke land, no right will accrue automatically. Natham lands are to be regulated by the Government under Revenue Standing Order (RSO) No.21, which speaks about assignment of house sites in villages and towns. Therefore, even in respect of Natham land, it can be assigned to a limited extent to the landless poor persons for construction of dwelling houses. Therefore, mere occupation of Natham land would not confer an automatic civil right to a person and he is liable to be evicted by invoking the provisions of the Tamil Nadu Land Encroachment Act, 1905. These procedures are also contemplated under the Revenue Standing Orders.

7. The lands vest with the Government under various classifications including Natham land, Poramboke land, Meikkal Poramboke land etc., are public lands and therefore the right is conferred on we, the people of India. Such public rights cannot be infringed by a private person by encroaching upon the land. Public right is a constitutional right of the citizens of our great nation and therefore any person occupying public lands without any authority of law is liable to be evicted by following the procedures as contemplated under the relevant Statutes and Rules in force. In respect of public lands, public rights are to be considered, wherein the lands are to be utilised only for public interest and any individual occupation without any authority of law is liable to be evicted by the competent authorities. Authorities committing omissions or not initiating appropriate action against the government lands are also subjected to prosecution including departmental disciplinary proceedings. It is the duty mandated on the public authorities to protect the public land and utilise the same for implementing public projects and to protect the public interest. Therefore, omissions or commissions on the part of the authorities in protecting public lands are to be viewed seriously by the competent higher authorities and by the Courts. There is no automatic vesting of the public lands in favour of any private individual. Therefore, even in respect of Natham lands, two Division Bench judgments of this Court, in unequivocal terms reiterated that the Natham lands vest with the Government.

8. In view of the above legal position, a direction to dispose of the representation in the present case would do no service to the cause of justice and therefore the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 05-10-2026 Index: Yes Speaking order Neutral Citation: Yes KST

To

1. The Secretary to Government, Land and Revenue Department, Fort St Geroge, Chennai.

2. The District collector Chengelpattu, Chengelpattu District

3. The Revenue Division officer Chengelpattu, Chengelpattu District

4. The tahsildar Tambaram Taluk, Chengelpattu District

5. The Divisional Engineer Office of the Divisional Engineer (H) Chengalpattu Division, Chenglapattu

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 40060 of 2026 AND WMP NO. 44973 OF 2026 05-10-2026