Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India before the Madras High Court, seeking a writ of mandamus to direct the first respondent to consider the petitioner's representation dated 13.05.2024, hold an enquiry, and declare the land and shop at West Natesan Nagar, Virugambakkam, Chennai as Grama Natham, and to permit the petitioner to run his business in his residence. The petitioner, R. Pandian, claimed that his father was in occupation of the premises, and after his father's death, he continued to occupy the land for several decades. He contended that the authorities had not followed due procedures, and that during the pendency of an appeal, the building he constructed was demolished. The land was classified as 'Grama Natham' in revenue records, a patta was granted in his father's name, and an ownership certificate was issued by the Revenue Inspector. The petitioner also claimed to be paying property tax and other charges. The respondent, represented by the Additional Advocate General for the Greater Chennai Corporation, opposed the petition, stating that the patta and ownership certificate issued in favour of the petitioner's father were found to be bogus. The court's order was not extracted in full; the judgment excerpt ends after stating the opposing arguments. Therefore, the final decision and reasoning remain unknown.
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the authorities to declare the land as Grama Natham and permit him to run business in his residence, given his claim of long possession and patta, and whether the demolition of his building during appeal was lawful.
Case Details
2025 LawText (MAD) (02) 122
S.M. Subramaniam, K. Rajasekar
For Petitioner: Mr. R. Sankarasubbu; For Respondents: Mr. Vadivelu Deenadayalan, Additional Government Pleader for R1, R3 & R5; Mr. R. Ramanlaal, Additional Advocate General assisted by Mr. D.B.R. Prabhu, Standing Counsel for R2; Mr. R. Sivakumar, Standing Counsel for R4
1. The Secretary, Department of Revenue and Disaster Management; 2. The Executive Engineer, Zone X, Greater Chennai Corporation; 3. The Settlement Officer, Office of the Settlement and Survey; 4. The Member Secretary, CMDA; 5. The Tahsildar, Aminjikarai, Chennai (suo motu impleaded)
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India for a writ of mandamus.
Remedy Sought
Petitioner sought a direction to the first respondent to consider his representation, hold an enquiry, declare the land and shop as Grama Natham, and permit him to run business in his residence.
Filing Reason
The authorities allegedly did not follow due procedures, and during the pendency of an appeal, the building constructed by the petitioner was demolished. Petitioner claimed long possession and patta.
Issues
Whether the land in question should be declared as Grama Natham
Whether the petitioner is entitled to run his business in his residence
Whether the demolition of the building during the pendency of appeal was lawful
Whether the patta and ownership certificate are genuine or bogus
Submissions/Arguments
Petitioner: Claims long possession, patta in father's name, ownership certificate, payment of property tax, and that authorities did not follow due procedure; building demolished during appeal.
Respondent: Contends that the patta and ownership certificate are bogus.
Judgment Excerpts
The writ of mandamus has been instituted to direct the first respondent to consider the representation dated 13.05.2024 of the petitioner in accordance with law, to hold enquiry into the matter and declare the land and shop No.6, West Natesan Nagar, 2nd Main Road, Virugambakkam, Chennai 600 092 as Grama Natham and permit the petitioner to run his business in his residence.
the patta and ownership certificate issued in favour of the father of the writ petitioner was found to be bogus
Procedural History
Petitioner filed a representation dated 13.05.2024; an appeal was pending when the building constructed by the petitioner was demolished; writ petition filed seeking mandamus to consider the representation and declare land as Grama Natham.
Acts & Sections
- Constitution of India: Article 226
