Case Note & Summary
The petitioners, R.Selvam and S.Shanthi, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court. They sought a writ of certiorarified mandamus to call for records relating to the order of the third respondent (District Collector) dated 18.10.2022, which confirmed the order of the fourth respondent (Revenue Divisional Officer) dated 26.07.2019, and to quash those orders. Additionally, they sought a direction to the respondents to invoke the amendment of Section 26(A) of the Revenue Standing Order vide G.O. (Ms) No. 201 dated 10.05.2022 and issue patta in their favor for government poromboke lands in S. No. 156/1 (1.53 cents), 157 (70 cents), and 183 (4 cents), totaling 2.27 acres at Thathagapatty village, Salem South Taluk, Salem District. The learned Additional Government Pleader, based on written instructions from the Tahsildar, submitted that encroachments had already been removed. The learned counsel for the petitioners submitted that an application for assignment order had been filed. The court, comprising Justice S.M.Subramaniam and Justice K.Surender, observed that if any such application was pending, it was for the petitioners to proceed with the matter in accordance with law. Consequently, the writ petition was disposed of without any order as to costs, and connected miscellaneous petitions, if any, were closed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Certiorarified Mandamus - Petitioners sought quashing of orders and direction to issue patta for government poromboke lands - Court noted encroachments already removed and application for assignment pending - Held that it is for the petitioner to proceed with the application in manner known to law; writ petition disposed of without further orders (Paras 1-3).
Issue of Consideration
Whether the petitioners are entitled to a writ of certiorarified mandamus to quash the orders of the respondents and direct them to issue patta for government poromboke lands based on the amendment of Section 26(A) of the Revenue Standing Order.
Final Decision
The writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions, if any, are closed. The court held that if any application for assignment is pending, it is for the petitioner to proceed with the matter in manner known to law.
Law Points
- Writ of certiorarified mandamus
- Assignment of government poromboke land
- Encroachment removal
- Patta issuance
- Revenue Standing Order Section 26(A) Amendment
Case Details
2026 LawText (MAD) (03) 267
S.M.Subramaniam, K.Surender
Mr.S.Kadarkarai (for petitioners), Mr.T.Arun Kumar (Additional Government Pleader for respondents)
The State of Tamil Nadu, The Commissioner of Land Administration, The District Collector, The Revenue Divisional Officer, The Tahsildar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash orders and direct issuance of patta for government poromboke lands.
Remedy Sought
Petitioners sought quashing of the order of the District Collector dated 18.10.2022 confirming the order of the Revenue Divisional Officer dated 26.07.2019, and a direction to the respondents to invoke the amendment of Section 26(A) of the Revenue Standing Order and issue patta in their favor.
Filing Reason
Petitioners claimed entitlement to patta for government poromboke lands based on the amendment of Section 26(A) of the Revenue Standing Order.
Previous Decisions
The District Collector passed order Na.Ka.No. 3152/2021/K4 dated 18.10.2022 confirming the order of the Revenue Divisional Officer in Na.Ka.No. 1896/2019/A2 dated 26.07.2019.
Issues
Whether the petitioners are entitled to a writ of certiorarified mandamus to quash the orders and direct issuance of patta for government poromboke lands.
Submissions/Arguments
Learned Additional Government Pleader submitted that encroachments have already been removed.
Learned counsel for the petitioners submitted that an application for assignment order has been filed.
Ratio Decidendi
When encroachments on government poromboke land have been removed and an application for assignment is pending, the petitioner must pursue the application in accordance with law; the court will not issue a direction for patta without proper consideration by the authorities.
Judgment Excerpts
Learned Additional Government Pleader based on the written instructions given by Tahsildar, would submit that encroachments have already been removed.
Learned counsel for the petitioner would submit that application has been filed seeking assignment order.
If any such application is pending, it is for the petitioner to proceed with the matter in manner known to law.
Procedural History
The petitioners filed WP No. 34285 of 2022 before the Madras High Court challenging the order of the District Collector dated 18.10.2022 which confirmed the order of the Revenue Divisional Officer dated 26.07.2019. The court heard the matter on 17.03.2026 and disposed of the petition.
Acts & Sections
- Constitution of India: 226
- Revenue Standing Order: 26(A)
