T. MANIYESU Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) THE prayer in this writ petition is as follows: The petitioner herein is seeking for a mandamus forbearing the respondents 1 to 3 herein from hastily issuing Assignment Patta in favour of the fourth respondent in respect of Government Poramboke (Kalam Poramboke) comprised in S.No.2/9 (0.40.0 Ares) in Nattarmangalam, H/o.Siruvathur Village, Kallakurichi Taluk, Villupuram District by ignoring the valuable objections throughout made by the petitioner herein in this regard including on 4.7.2005 and 8.7.2005 to respondents 2 and 3 herein and without passing a speaking order touching all the merits therein involved.

(2.) THE grievance of the petitioner is that the property which is sought to be assigned in favour of the fourth respondent is a 'Kalam Poramboke' meant for the common use by the villagers. It appears that when an attempt was made earlier to assign the said property in favour of the fourth respondent, the petitioner filed a writ petition before this Court in W.P.No.8067 of 2002 wherein an order came to be passed on 23.02.2002, directing him to submit objections to the respondents 1 to 3 therein within two weeks and the respondents shall consider the objections of the petitioner before assigning the land and pass orders thereafter.

(3.) THE second respondent filed a counter affidavit and contended that the subject matter land has been classified as 'Kalam Poramboke' and the entire extent is not used as Kalam and three persons have encroached to the extent of 0.06.5 hectares and the remaining extent of 0.24.5 hectares is lying vacant. It is also stated by the second respondent that the Panchayat President of Esandai has resolved on 09.08.2001 and 24.01.2011 and given no objection to grant patta in favour of the fourth respondent. However, it is stated that the patta has not been granted in favour of the fourth respondent in view of the interim order granted by this Court. The fourth respondent also filed a counter affidavit and claimed his right to get patta in respect of the subject matter land.