Madras High Court
Raja vs The Secretary on 2 February, 2022
W.P.No.19286 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.19286 of 2021
Raja .. Petitioner
Vs.
1. The Secretary
Revenue Department, Secretariat
Chennai-9.
2. The Director
Animal Husbandry and Veterinary Service
Nandanam, Chennai-35.
3. The District Collector
No.62, Rajaji Salai, Collectorate
Chennai-1.
4. The District Collector
Cheyyar Kanchipuram Road
Gandhi Nagar
Collectorate
Kanchipuram-631 501.
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W.P.No.19286 of 2021
5. The District Collector
Master Plan Complex
NH 205, Collectorate
Tiruvallur-602 001.
6. The District Collector
Tamil Nadu Housing Board
Collectorate, Vellore-632 012.
7. The District Collector
Collectorate, GST Road
Chengalpet-603 001. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying for a Writ of Mandamus to direct the respondents 1 to 7 to
remove the encroachment being in all the Meikaal poramboke lands
and Mandaiveli lands throughout Tamil Nadu and restrain the
respondents from in anyway converting the lands in Meikaal
poramboke and Mandaiveli for the purpose of granting patta pursuant
to G.O.Ms.No.318 Revenue and Disaster Management Department
dated 30.8.2019.
For the Petitioner : Mr.G.Surya Narayanan
For the Respondents : Mr.J.Ravindran
Additional Advocate General
Assisted by
Mrs.R.Anitha
Special Government Pleader
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W.P.No.19286 of 2021
ORDER
(Order of the Court was made by
the Hon'ble Acting Chief Justice)
The writ petition has been filed seeking a direction to the
respondents to remove the encroachments in Meikaal poramboke
and Mandaiveli lands throughout the State of Tamil Nadu and to
restrain the respondents from converting the said lands for the
purpose of granting patta, pursuant to G.O.Ms.No.318, Revenue
and Disaster Management Department dated 30.08.2019.
2. Learned counsel for the petitioner prayed for liberty to file a
fresh writ petition in regard to the prayer for removal of the
encroachment on Meikaal Poramboke and Mandaiveli lands
throughout the State of Tamil Nadu for each Districts separately. It
is not only to address the issue on encroachments effectively, but
also for the implementation of the direction as prayed for by the
petitioner. The only prayer now is to dispose of the writ petition to
direct the respondents not to convert the Meikaal Poramboke and
Mandaiveli lands for the purpose of granting patta.
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W.P.No.19286 of 2021
3. Learned Additional Advocate General has contested the
issue and submitted that Meikaal Poramboke and Mandaiveli lands
can be converted after allocation of equivalent area for grazing
purpose. Since the Rule permits for the aforesaid, a prayer is made
not to issue a direction of the nature prayed for by the petitioner.
4. We have considered the rival submissions made by learned
counsel for both sides.
5. Admittedly, Meikaal poramboke and Mandaiveli lands are
earmarked for the purpose of grazing cattles and therefore,
whenever it is to be converted, equivalent land has to be allocated
for the said purpose. The provision regarding conversion at times is
being misused and therefore, the Apex Court in the case of
Rameshbhai Virabhai Chaudhari v. The State of Gujarat, [Civil
Appeal No.5135 of 2021, dated 6.9.2021], which dealt with
unauthorised encroachment on gauchar land, i.e., grazing land,
held that the grazing land should be used only for the purpose for
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W.P.No.19286 of 2021
which it is permitted and no encroachment on such land is
permissible. The relevant paragraphs of the said judgment are
quoted hereunder:
“It is trite to say that gouchar land can be used only for
purposes for which it is permitted to be used. If there is a
user contrary to the permissible user, whether by the State
or by any third party, the same cannot go on. Rehabilitation
of persons is really not required in the present case as only
three persons are entitled to an alternative site as per rules.
There is of course some dispute whether the encroachers
have made permanent structures or kuchha construction for
keeping cattle but be that as it may, the user cannot be
contrary to what is being permitted for gouchar land, which
is a grazing land.
In view of the aforesaid, a direction is issued to bring the
land in conformity with its use by the State Government
taking appropriate action within a maximum period of three
months from today.”
6. Taking into consideration the aforesaid direction read with
the Rules permitting conversion of Meikaal Poramboke and
Mandaiveli lands in the State of Tamil Nadu, we find it to be
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W.P.No.19286 of 2021
appropriate to direct the respondents not to convert those lands for
regularization of encroachment. For other purposes also, conversion
of land cannot be permitted unless equivalent area is identified and
earmarked for such purpose. Any order to be passed for it shall be
only after the prior approval of this Court. It would be by filing a
separate application in the disposed of petition, justifying the
conversion of lands and the purpose sought to be achieved, so that
the judgment of the Apex Court referred to above is taken to its
logical conclusion.
7. The writ petition is disposed of with the aforesaid
observation. There will be no order as to costs.
(M.N.B., ACJ.) (P.D.A., J.)
02.02.2022
Index : Yes/No
kpl/drm
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W.P.No.19286 of 2021
To:
1. The Secretary
Revenue Department, Secretariat
Chennai-9.
2. The Director
Animal Husbandry and Veterinary Service
Nandanam, Chennai-35.
3. The District Collector
No.62, Rajaji Salai, Collectorate
Chennai-1.
4. The District Collector
Cheyyar Kanchipuram Road
Gandhi Nagar
Collectorate
Kanchipuram-631 501.
5. The District Collector
Master Plan Complex
NH 205, Collectorate
Tiruvallur-602 001.
6. The District Collector
Tamil Nadu Housing Board
Collectorate, Vellore-632 012.
7. The District Collector
Collectorate, GST Road
Chengalpet-603 001.
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W.P.No.19286 of 2021
M.N.BHANDARI, ACJ
AND
P.D.AUDIKESAVALU,J.
(kpl)
W.P.No.19286 of 2021
02.02.2022
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