Madras High Court
Alamelu vs The State Of Tamil Nadu on 11 January, 2022
W.P.No.14269 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. No.14269 of 2020
W.M.P.No.17740 of 2020
1. Alamelu
2. Kokila ... Petitioners
-Vs-
1. The State of Tamil Nadu
Rep. by its Secretary to Government,
Public Works Department,
Secretariat, Chennai – 600 009.
2. The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai – 600 005.
3. The District Collector,
Thiruvallur District,
Thiruvallur.
4. The District Revenue Officer,
Thiruvallur District,
Thiruvallur.
5. The Special Tahsildar (Land Acquisition) Unit-IV,
Kannankottai – Thervoykandigal Reservoir Scheme,
Gummidipoondi Taluk @ Kavarapettai,
Thiruvallur District.
6. The Executive Engineer,
Public Works Department (PWD)
Thervoykandigai Reservoir Project,
Division – I, Chennai – 600 052. ... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 10
W.P.No.14269 of 2020
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, to direct the respondents
herein to pay the compensation for the lands belonging to the petitioner
comprised in survey No.16/4 measuring an extent of 0.33.0 Hectares and
Survey No.16/3 measuring an extent of 0.28.0 Hectares in patta No.1323
situated at Village No.29, Thervoy Kandigai Village, Gummidipoondi Taluk,
Thriuvallur District in terms of provisions of Central Land Acquisition Act 30
of 2013 as given to similarly situated persons pursuant to order in
W.A.No.1666 of 2018 of this Court and consequently to provide all benefits in
terms of Sections 31 & 38 of Act 30 of 2013 within the time frame fixed by
this Court to the petitioners.
For Petitioners : Mr.N.Nithianandam
For Respondents : Mr.M.Muthusamy
Government Advocate
ORDER
The Writ Petition has been filed to direct the respondents herein to
pay the compensation for the lands belonging to the petitioner comprised in
survey No.16/4 measuring an extent of 0.33.0 Hectares and Survey No.16/3
measuring an extent of 0.28.0 Hectares in patta No.1323 situated at Village
No.29, Thervoy Kandigai Village, Gummidipoondi Taluk, Thriuvallur District
in terms of provisions of Central Land Acquisition Act 30 of 2013 as given to
similarly situated persons pursuant to order in W.A.No.1666 of 2018 of this
Court and consequently to provide all benefits in terms of Sections 31 & 38 of
Act 30 of 2013 within the time frame fixed by this Court to the petitioners.
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W.P.No.14269 of 2020
2. The case of the petitioners is that they are in possession and
enjoyment of the land comprised in survey No.16/4 to an extent of 0.33.0
Hectares in patta No.1324 and the land in Survey No.16/3 to an extent of
0.28.0 Hectares in patta No.1323 situated at Village No.29, Thervoy Kandigai
Village, Gummidipoondi Taluk, Thriuvallur District. According to the
petitioners, these lands were assigned to them free of cost in G.O.Ms.No.396,
Revenue Department dated 23.06.2006 and G.O.Ms.No.555, Revenue
Department dated 26.08.2018 as per the Revenue Standing Order No.15.
Subsequent to that, all the revenue records were mutated in their names.
3. While being so, large extent of lands in the said village and
adjacent villages were acquired for the formation of new Reservoir viz.,
Kannankottai-Thervoykandigai Reservoir Scheme under the provisions of Land
Acquisition Act. Originally, the said lands were not acquired, since they are
situated outside the boundaries of the project. However at a later point of time,
the respondents have come to the conclusion that the subject lands are also
required for the scheme. Accordingly, the Assistant Executive Engineer, Public
Welfare Department, Thervoykandigai Reservoir project, by his proceedings
dated 01.09.2014, informed the sixth respondent that the subject lands were by
mistake omitted in the list of acquisition of land and the subject lands are
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W.P.No.14269 of 2020
required for laying the bund for the project and for laying alternate roads and
recommended for acquisition of the said lands. However, the respondents
without following any procedures had taken possession of the subject lands in
the year 2014 and utilised the same for the said project. Therefore, the
petitioner have made representation for seeking compensation as prescribed
under the applicable law.
4. The learned counsel appearing for the petitioner submitted that the
subject lands were originally assigned in favour of the petitioners and thereafter
they have issued patta. Therefore they are absolute owners of the said lands
and they are entitled for the compensation. In support of his contention, he
relied upon the judgment dated 14.12.2018 passed by this Court in
W.A.No.1666 of 2018 in the case of the State of Tamil Nadu & ors Vs.
Adhikesavan & ors.
5. The fifth respondent filed counter and it revealed that originally
the land to an extent of 2.68.0 hectares in S.No.16 of Thervoykandigai Village
in Gummidipoondi Taluk of Tiruvallur Distrist stood recorded as Manavari
Anadeenam in the Updated Registry Scheme Accounts. Out of the total extent
of 2.68.0 hectare, an extent of 0.40.5 hectare was alone assigned to one
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W.P.No.14269 of 2020
Kanthammal W/o. Sugendran under patta No.856 with the new sub-division
number 16/2 at the time of implementation of Land Assignment Scheme of 2
acres as per the District Revenue Officer, Tiruvallur proceedings
No.26977/2006 dated 04.09.2006.
6. Further, in the village accounts held by the Village Administrative
Officer, Thervoykandigai, entires were made as if the subject lands were
assigned in favour of the petitioners. Actually no assignment of lands were
granted in favour of the petitioners. The subject lands have not been notified
for acquisition of the above said project. When it was verified with the
computer records, no such assignment pattas were issued to the petitioners. As
per the data and the entires made in the Taluk office, Gummidipoondi, the
subject lands were reclassified as Manavari Anadeenam with remarks of
Poramboke. The said fact was reported by the Tahsildar, Gummidipoondi by
his communication dated 13.02.2015 and the letter dated 23.03.20015 by the
fifth respondent and the letters dated 17.12.2014 and 06.04.2015 by the
Special District Revenue Officer (Land Acquisition). Subsequently, the sixth
respondent has applied for transfer of 0.61.0 hectare land under letter dated
12.03.2015, which has been forwarded to the third respondent. As such, the
subject lands were not assigned to the petitioners and the entries were available
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W.P.No.14269 of 2020
in the village accounts were made mistakenly as if they were issued patta.
However, subsequently the said mistakes have been rectified in the village
chitta and no such patta is in existence as on date.
7. Heard Mr.N.Nithianandam, learned counsel appearing for the
petitioners, and Mr.M.Muthusamy, learned Government Advocate appearing
for the respondents.
8. On perusal of records revealed that the subject lands were acquired
for the Kannankottai-Thervoykandigai Reservoir Scheme, though the said
lands were not notified in the notification issued under Section 4(1) of the Land
Acquisition Act and subsequently permitted to acquired the said lands by way
of private negotiation. When the respondents initiated steps to acquired the
land by way of private negotiation, they found that the subject lands were not
assigned by issuance of D Form patta in favour of the petitioners, as per the
Revenue Standing Order No.15. Further in the village accounts, wrongly made
entires in favour of the petitioners and subsequently it was corrected as
Manavari Anadeenam.
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W.P.No.14269 of 2020
9. Even assuming that the subject lands were classified as Grama
Natham, the petitioners are entitled for house site for residential purpose and
not for the purpose of cultivating the entire lands. The communication dated
23.03.2015 issued by the fifth respondent revealed that on the enquiry it was
found that in the year 2006, the revenue officials had taken steps to issue patta
for landless poor and also initiated to issue free house site patta. Subsequently,
both the schemes were dropped and the petitioners were not issued any free
house site patta. Therefore, the request of the petitioners were duly rejected by
the fifth respondent by the communication dated 23.03.2015.
10. The learned counsel appearing for the petitioners relied upon the
judgment dated 14.12.2018 passed by this Court in W.A.No.1666 of 2018 in
the case of the State of Tamil Nadu & ors Vs. Adhikesavan & ors., which
held that the assignee is entitled for compensation, even though the said lands
are assigned lands. The assignee is treated to be an affected family and they
extended all benefits under the Act 30 of 2013.
11. Admittedly, in the case on hand, the petitioners are not assigned
with any lands and they are not assignees of the land as claimed by them.
Further the subject lands were acquired by the respondents either by the
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W.P.No.14269 of 2020
acquisition proceedings or by the private negotiation. It shows that the land
with the government and they intend to acquire their own lands. Therefore, the
writ petitioners are not entitled for any compensation for the land comprised in
survey No.16/4 to an extent of 0.33.0 Hectares in patta No.1324 and the land
in Survey No.16/3 to an extent of 0.28.0 Hectares in patta No.1323 situated at
Village No.29, Thervoykandigai Village, Gummidipoondi Taluk, Thriuvallur
District, which is classified as Manavari Anadeenam and the Writ Petition is
devoid of merits and liable to be dismissed.
12. Accordingly, the Writ Petition stands dismissed. Consequently,
connected miscellaneous petition is closed. There shall be no order as to costs.
11.01.2022
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.No.14269 of 2020
To
1. The Secretary to Government
State of Tamil Nadu
Public Works Department,
Secretariat, Chennai – 600 009.
2. The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai – 600 005.
3. The District Collector,
Thiruvallur District,
Thiruvallur.
4. The District Revenue Officer,
Thiruvallur District,
Thiruvallur.
5. The Special Tahsildar (Land Acquisition) Unit-IV,
Kannankottai – Thervoykandigal Reservoir Scheme,
Gummidipoondi Taluk @ Kavarapettai,
Thiruvallur District.
6. The Executive Engineer,
Public Works Department (PWD)
Thervoykandigai Reservoir Project,
Division – I, Chennai – 600 052.
https://www.mhc.tn.gov.in/judis
W.P.No.14269 of 2020
G.K.ILANTHIRAIYAN, J.
rts
W.P. No.14269 of 2020
W.M.P.No.17740 of 2020
11.01.2022
https://www.mhc.tn.gov.in/judis
