R SYED AZMATH BASHA TRUSTEE/POWER AGENT SHAH RAHAMATULLAH WALI MOSQUE INAM SAMAYAPURAM CHIDAMBARAM Vs. SETTLEMENT OFFICER/DISTRICT REVENUE OFFICER CHENNAI

JUDGEMENT

(1.) BY consent the Writ Petition itself is taken up for disposal. The prayer in the writ petition is for a mandamus to direct the first respondent to forthwith dispose off the application of the petitioner received by the first respondent on 27.02.2007 for reclassification of the land in Survey No.208. Old No.34/A, R.S.No.1/A and for issuance of patta in favour of Shah Rahamatullah Wali Mosque.

(2.) HEARD Mr.V.T. Gopalan, senior counsel appearing for the petitioner, Mr.P.Subramani, Additional Government Pleader appearing for the respondents 1 and 2 and Mr.V.Sanjeev appearing for the fourth respondent.

(3.) PER contra, the learned Additional Government Pleader would submit that the petitioner is seeking to reopen a stale claim and the request of the petitioner had been rejected much earlier and the petitioner is not entitled to seek for any relief. The learned Additional Government Pleader would submit that the Tank is classified as Government Poramboke (Samayapuram Eri) in the village records and the tank is in dry condition and having gravel deposit and accordingly the District Collector has been empowered to grant licence to remove gravel subject to certain conditions and as on date such permission has been granted to the fourth respondent by proceedings of the District Collector dated 10.08.2009 and the permission is valid for a period of 10 months. Therefore, the learned Additional Government Pleader would submit that there are no merits in the contentions raised by the petitioner.