THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9653 of 2010 Dated:27.04.2010 Between: Church of South India. ….Petitioner And The District Collector, Krishna District, At Machilipatnam, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9653 of 2010 ORDER: Church of South India, Krishna Godavari Diocese, Vijayawada, filed the instant writ petition challenging the letter, being Rc.E5/1369/2008, dated 24.02.2010, of the first respondent addressed to second and third respondents. By the said letter first respondent gave clarification on the three points raised by the other respondents. It is the case of the petitioner that an extent of Ac.0.44 cents in R.S.No.88/2B situated at Mylavaram Village in Krishna District was purchased by the Church a century ago, that it is being used as a burial ground for the congregation members of the Church. It is alleged that with ulterior motive, the local authorities influenced the respondents and fabricated possession certificates in favour of their henchmen. Yielding to their pressure, the first respondent issued the impugned letter. A perusal of the impugned order would show that second and third respondents sought clarification on three points and the District Collector gave response. The points sought and the clarification given as they contain in the impugned letter are as follows. Point-1:- W h e t h e r possession certificates may be issued to all the eligible occupants, or those 11 persons who were covered in O.S.No.1194/88 Clarification:- In the circumstances reported by the Tahsildar, Mylavaram the 11 persons are eligible for issue of possession certificates and those are covered in O.S.No.1194/88. Hence t h e y may be issued possession certificates. Point-2:- W h e t h e r possession certificates be issued again 11 occupants who were availed the opportunity of assignment of house sites previously and not residing there. Clarification:- The 11 occupants are presently residing on ground. Though they utilized the assignment of house sites previously and not residing there and they are not in possession. Presently they are in occupation of R.S.No.88/4 patta land and the Court has confirmed the same in O.S.No.1194/88. Hence, they are entitled for issuance of possession certificates. Issuance of possession certificates is not a Government benefit. It is nothing to do with assignment of house site. Regarding House site pattas issued in Tarakarama Nagar, action under Act 9/77 should be initiated. Point-3:- W h e t h e r possession certificates be issued to other eligible 16 occupants covered in the above 16 units/houses. Clarification:- The possession certificates may be issued to other eligible 16 occupants covered in the above 16 houses now they are actually residing in the said land. The petitioner claims that they purchased Ac.0.44 cents in R.S.No.88/2B hundred years ago. No document of title is enclosed. A copy of the adangal produced by the petitioner shows that it is house site. Yet another copy shows that it is C.S.I Missionary. From these it is not possible to adjudicate the title of the petitioner. If the petitioner disputes title of the Government to allow the occupations by the eligible persons, the remedy of the petitioner is to approach the civil Court and seek declaration of title. Further as held by the Supreme Court in Puranjit Singh v Union Territory of Chandigarh[1] the internal correspondence and clarificatory communications by the higher authorities to the lower authorities or office notings do not confer any rights nor take away any rights. The Writ Petition is therefore dismissed. _______________ (V.V.S.RAO, J) 27.04.2010 vs [1] AIR 1994 SC 2737