RAMANATHAPURAM PERIYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ appeal has been filed by Ramanathapuram Periya Mohallam Muslim Jamath Nirvaaha Mandram, represented by its President Mr.Haliba Haroon Rashid, Ramanathapuram, questioning the correctness of the impugned order passed by the learned Single Judge in W.P.No.6398 of 2006, dtd. 28/6/2018, refusing to interfere with the order dtd. 21/10/2005 passed by the Special Commissioner and Commissioner, Land Administration Chepauk, Chennai / second respondent herein, classifying the land in question as Government Oorani Poramboke.

(2.) Mr.T.M.Hariharan, learned counsel appearing for the appellant, pleaded that the appellant is a Surveyed Wakf under the provisions of the Tamil Nadu Wakf Act and owning an extent of 3.72 acres in old Survey No.287/932, Pattinamkathan Village, Ramanathapuram. The said property is Oorani(water body) and the public entering into the Pallivasal used to wash their hands and feet in the Oorani for offering worship. Water for the Pallivasal is drawn from the Oorani which is situated adjacent to the Pallivasal comprised in Survey No.287/931. The Oorani lands have always been enjoyed as part of the Pallivasal. Whileso, Pattinamkathan Village was taken over under the provisions of Madras Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948 (in short "the Act"). At the time of settlement, Oorani lands of the appellant Pallivasal have been classified as Pallivasal Oorani, but, it was erroneously registered as Poramboke, that too, without issuing notice to the appellant.

(3.) Arguing further, learned counsel for the appellant submitted that the lands in Survey No.287/932 measuring an extent of 3.72 acres belong to the appellant Pallivasal and they have been in peaceful possession and enjoyment of the said lands. After some time, when the appellant discovered the error in the Registry classifying the lands as Poramboke, the appellant moved the second respondent to re-vest the Registry with respect to the Oorani lands in question in their favour. The second respondent, by order dtd. 10/11/1987, directed the appellant to move the competent authority for seeking remedy under the provisions of the Civil Law. Thereafter, when the appellant moved the first respondent, the said authority, vide proceedings dtd. 13/3/1990, directed that as the lands in question have already been classified as Oorani Poramboke, the appellant Pallivasal may file a revision petition before the Settlement Officer, Thanjavur/fourth respondent herein.