Madras High Court
S.Ayyanan vs The District Collector on 16 June, 2021
W.P.(MD)No.15937 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reserving the Judgment Date of pronouncing the
Judgment
13.06.2022 14.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.15937 of 2020
S.Ayyanan : Petitioner
Vs.
1.The District Collector,
Collectorate,
Madurai.
2.The Revenue Divisional Officer,
Melur Region,
Y.Othakadai,
Madurai District.
3.The Tahsildar,
Melur Taluk,
Melur, Madurai District.
1/10
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W.P.(MD)No.15937 of 2020
4.The Tamilnadu Bhoodan Yagna Board,
Represented by its Chairman,
Ezhilagam,
Chepauk, Chennai – 5.
5.M.Gopalakrishnan
6.M.Karmegam : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying for a Writ of Mandamus, directing the respondent
Nos.1 to 4 to recover the Bhoodan properties comprised in Survey
No.16/3, situated in Sambiranipatti village, Melur Taluk, Madurai
District, with an extent of 4.18 acres from the respondent Nos.5 &
6 and hand over the same to landless poor within a time as
stipulated by this Court based on the petitioner's representation
17.02.2020.
For Petitioner : Mr.P.Gunasekaran
For Respondents 1 to 3 : Mr.A.K.Manickam
Additional Government Pleader
For Respondents 5 & 6 : Mr.Muthuthiyagarajan
For Respondent No.4 : No appearance
2/10
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W.P.(MD)No.15937 of 2020
ORDER
***********
[Order of the Court was made by S.ANANTHI, J.]
This writ petition has been filed seeking direction to the
respondent Nos.1 to 4 to recover the Bhoodan properties
comprised in Survey No.16/3, situated in Sambiranipatti Village,
Melur Taluk, Madurai District, with an extent of 4.18 acres from
the respondent Nos.5 & 6 and hand over the same to landless poor,
within a time as stipulated by this Court based on the petitioner's
representation 17.02.2020.
2.Heard Mr.P.Gunasekaran, learned counsel appearing for
the petitioner and Mr.A.K.Manickam, learned Additional
Government Pleader for Respondent Nos.1 to 3 and
Mr.Muthuthiyagarajan, learned counsel appearing for Respondent
Nos.5 & 6.
3.The writ petitioner has stated in the petition that the
properties in Survey No.16/3 with an extent of 4 acres and 18 cents
situated in Sambiranpatti Village, Madurai District, originally,
belonged to Bhoodan Board and the same was gifted to landless
poor. Thereafter, the Respondent Nos.5 & 6 have encroached into
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W.P.(MD)No.15937 of 2020
the said land and have put up structures. The 5th Respondent is not
a landless poor. In fact, he contested the Parliamentary Election as
an Independent Candidate and in his nomination paper he has
declared that he has assets worth Rs.2 Crores. In this connection,
the writ petitioner made a representation on 17.02.2020 requesting
the official respondents to recover the Bhoodan properties from the
respondent Nos.5 & 6 and hand over the same to landless poor.
Since there was no action, the petitioner has come forward with
the present writ petition.
4.In support of his contention, the learned counsel
appearing for the petitioner has filed revenue records. As per the
copy of 'A' register and Adangal S.No.16/3 is in the name of Tamil
Nadu Boomidhan Board. The petitioner has also filed a copy of
nomination filed by the 5th respondent in which the petitioner has
disclosed the properties belonged to him worth about Rs.2 Crores.
5.The 3rd respondent has filed counter affidavit and has
stated that Survey No.16/3 measuring 1.69.0 Hectares of Dry lands
of Kidaripatty Village, Melur Taluk, Madurai District stands
registered in the name of Tamil Nadu Bhoomidan Board, vide Patta
No.809. The Village Administrative Officer, Kidaripatty village,
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W.P.(MD)No.15937 of 2020
Melur Taluk has reported on 27.07.2020, the above Bhoomidan
lands measuring 4.18 acre in Survey No.16/3 of Kidaripatty Village,
Melur Taluk were assigned to the following individuals as per the
details given below vide Bhoomidan Register No.158/65:-
“
Sl.No. Name of the assignee Extent assigned in
Acre
1. Thiru Chinnamuthu Rowther 1.00
2. Thiru Perumal Konar 1.00
3. Thiru Meenakshi Konar 1.00
4. Thiru Ayyanar Konar 1.18
Total 4.18
It is submitted that all the assignees noted above are not alive at
present. It is submitted that 1.Gopalakrishnan and 2.Karmegam
have taken possession of the land illegally. They paid land revenue
for the entire extent for Fasli 1428 and they have violated the rules
and regulations of the Bhoomidan Board. As per Rule 15 of
Tamilnadu Bhoomidan Yagna Rules 1959, the above said properties
are inalienable in nature and in case of violations of the conditions
would result in resumption. The District Revenue Officer, Madurai
in his RC.No.5022/2021-G4 dated 16.06.2021 has addressed the
Director of Land Reforms, Chepauk, Chennai for deleting the name
of 1.Thiru Chinnamuthu Rowther 2.Thiru Perumal Konar
3.Meenakshi Konar and 4.Thiru.Ayyanar Konar from the
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W.P.(MD)No.15937 of 2020
Bhoomidhan Board Register, under rule 15(2)(i) of Tamilnadu
Bhoomidhan Yagna Rules 1959, and to assign the land to landless
poor persons under rule 15(2)(i) of Tamilnadu Bhoomidan Yagna
Rules, 1959. Orders from the Director of Land Reforms, Chennai is
awaited. On receipt of orders further action will be taken”.
6.The Respondent Nos.5 & 6 have filed counter affidavit
and stated that out of 4 acres and 18 cents of land mentioned in
the writ petition does not belong to the 5th and 6th respondents
family alone. Only 3 acres and 15 cents of lands were in the actual
possession and enjoyment of the family of the 5th and 6th
respondent. The above said 3 acres 15 cents which are in the joint
possession and enjoyment of the family of Meenatchi Kone which is
consists of his wife Pandiammal elder brother Karmegam and the
wife of said Karmegam, Alagammal and also their sons Barathram
and Krishna Kone and the 5th respondent. After the demise of
Meenatchi Kone on 14.11.2016, the entire family members are in
joint possession and enjoyment of the properties out of 3 acres and
15 cents, there were Mango trees planted by the Meenatchi Kone
and his wife Pandiammal which were planted 60 years before. The
said 3 acres 15 cents were originally in the occupation, possession
and enjoyment of my father Meenatchi Kone even before 1960 only
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W.P.(MD)No.15937 of 2020
on 13.03.1963 the Thasildar, Melur had 5th respondent given a
statement the land comprised in Survey No.16/3 was given to the
Bhoomidhan Board which was originally given by the Valliammal
Achi to the Thasildar Melur on 13.03.1963 copy of the registered
document by Thasildar Melur is 158/165. The Rule 15 of Tamil
Nadu Bhoothan Yagna Rules 1959 prohibits the sale or otherwise
disposal of the land granted. They never sold the land or disposed
it otherwise and also they did not lease the land for rent. They
have paid license fee for the land. They never violated any of the
conditions enumerated in Rule 15, but only acted as per the
conditions laid down in Rule 15.
7.Admittedly, Survey No.16/3 is in the name of Boomidhan
Board. The Respondent Nos.5 & 6's father was allotted only one
acre under the scheme. Now, he is not alive. Now, the entire
Survey No.16/3 are under the possession of the Respondent
Nos.5 & 6. To cancel the assignment granted in 16/3, proceedings
are pending with Director of Land Reforms, Chepauk as per the
counter affidavit of the 3rd respondent.
8.Now, the respondent Nos.5 & 6 have no title over the
Survey No.16/3. They have no documents to show that they are in
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W.P.(MD)No.15937 of 2020
legal possession?. Further, the 5th Respondent is having properties
worth about Rs.2 Crores. So, he is not eligible to hold the land
under Boomidhan scheme as it was granted to the father of them.
9.Since it is clear that the Respondent Nos.5 & 6 have
encroached into the Bhoodhan lands, the Respondent Nos.1 to 4
are directed to remove the encroachment made by the
Respondent Nos.5 & 6, within a period of three months, from the
date of receipt of copy of the order, in accordance with law.
10.With the above directions, this Writ Petition is
disposed of. There shall be no order as to costs.
[P.N.P.,J.] & [S.A.I.,J.]
14.06.2022
Index : Yes/No
Internet : Yes/No
ksa
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W.P.(MD)No.15937 of 2020
To
1.The District Collector,
Collectorate,
Madurai.
2.The Revenue Divisional Officer,
Melur Region,
Y.Othakadai,
Madurai District.
3.The Tahsildar,
Melur Taluk,
Melur, Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15937 of 2020
P.N.PRAKASH, J.
and
S.ANANTHI, J.
ksa
ORDER MADE IN
W.P.(MD)No.15937 of 2020
14.06.2022
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