Case Note & Summary
The petitioner, Kalimuthu, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a writ of mandamus to direct the respondents (District Collector, Thanjavur and Tahsildar, Thiruvidaimaruthoor Taluk) to provide an alternative free house site in S.No.45/3, situated at Polakudi, Kovilramapuram Revenue Village, Thiruvidaimaruthoor Taluk, Thanjavur District, based on his representation dated 11.10.2021. The petitioner, a resident of Kovilramapuram Revenue Village, had initially applied for patta for the property but was informed that the land was a water catchment area and thus his request could not be considered. Consequently, he submitted a representation seeking an alternative free house site in the same survey number. The learned Special Government Pleader, on instructions, submitted that the property situated within the Kovilramapuram Panchayat is classified as 'Kalam Poramboke' (a term used for water catchment or tank bed area) and therefore the request for an alternative free house site cannot be considered. The court, after hearing both sides and perusing the materials, held that since the land is classified as 'Kalam Poramboke', it is reserved for public purpose and cannot be assigned for residential use. Accordingly, the court found the writ petition devoid of merits and dismissed it. No costs were awarded.
Headnote
A) Writ Law - Mandamus - Alternative Free House Site - Land Classification - Petitioner sought alternative free house site in S.No.45/3, which was classified as 'Kalam Poramboke' (water catchment area) - Respondents submitted that such land cannot be assigned for residential purpose - Held that no direction can be issued to assign land reserved for public purpose, and the writ petition is devoid of merits (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondents to provide an alternative free house site in a land classified as 'Kalam Poramboke' (water catchment area).
Final Decision
The writ petition is dismissed. No costs.
Law Points
- Writ of Mandamus
- Alternative free house site
- Kalam Poramboke
- Water catchment area
- Public purpose land
