Madras High Court
J.Malarselvan vs The District Revenue Officer on 22 August, 2023
W.P(MD)No.22352 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P(MD)No.22352 of 2019
and
W.M.P(MD)Nos.19121, 19123 and 19125 of 2019
J.Malarselvan ... Petitioner
-vs-
1. The District Revenue Officer,
Collectorate, Dindigul.
2. The Tahsildar,
Nilakottai Taluk Office,
Dindigul District.
3. The Block Development Officer,
Batlagundu Union Office,
Dindigul District. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the
relevant records pertaining to the 2nd respondent proceedings in both
Naa.Kaa.No.1582/2018/B5 dated 03/10/2019, Naa.Kaa.No.
5725/2019/B4 dated16/10/2019 and subsequent proceeding of 3rd
respondent in Naa.Kaa.No.1025/2019/thi 2, dated 11/10/2019 and
quash it as illegal in respect of eviction notice to the private land in
Survey No.244/1 stands in the name of the petitioner's father
Mr.Jeyakodi and consequently direct the 2nd respondent to issue the
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W.P(MD)No.22352 of 2019
patta under the section 15 of the Patta Pass Book Act, 1983, by
considering the representation dated 12/04/2016.
For Petitioner : Mr.K.K.Samy
For R1 & R2 : Mr.J.K.Jayaseelan, Government Advocate
For R3 : Mr.J.Ashok
Additional Government Pleader
ORDER
[Order of the Court was made by S.S.SUNDAR, J.]
This writ petition is for issuance of a Writ of Certiorarified
Mandamus, calling for the relevant records pertaining to the 2nd
respondent's proceedings in Naa.Kaa.No.1582/2018/B5 dated
03/10/2019, Naa.Kaa.No.5725/2019/B4 dated16/10/2019 and the
subsequent proceedings of the 3rd respondent in Naa.Kaa.No.
1025/2019/thi 2, dated 11/10/2019 and quash the same as illegal
and consequently direct the 2nd respondent to issue the patta to the
petitioner under Section 15 of the Patta Pass Book Act, 1983, by
considering his representation dated 12/04/2016.
2. The petitioner has purchased a piece of land in Survey No.
244/1 of Sengattampatty Revenue Village in the year 1998. The
document is also registered with the Sub Registrar, Nilakottai. It is
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W.P(MD)No.22352 of 2019
seen that the petitioner's predecessors in interest had purchased the
same landed property vide registered documents in Serial Nos.1342 of
1983 and 1404 of 1983. The fact that the aforesaid property comes
within the residential portion of the village is not disputed. The
classification of the land as grama natham is also not disputed.
However, treating the petitioner's property which is classified as
natham vacant land, as poramboke land, the 2nd respondent Tahsildar
appears to have issued the impugned notice dated 03.10.2019
directing the 3rd respondent/Block Development Officer to remove the
encroachment made by the petitioner in S.No.244/1 after issuing
notices under Sections 7 and 6.
3. Based on the said order dated 03.10.2019, the 3rd
respondent issued an eviction notice dated 11.10.2019 to the
petitioner directing him to remove the encroachment by himself or
otherwise, it will be removed with the help of revenue and police
officials. Though the 2nd respondent by proceedings dated 03.10.2019,
directed the 3rd respondent to remove the encroachment after issuing
notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment
Act, 1905, the 3rd respondent without issuing show cause notice under
Section 7, straightaway issued the eviction notice dated 11.10.2019.
Few days later, the 2nd respondent/Tahsildar by proceedings dated
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W.P(MD)No.22352 of 2019
16.10.2019 has rejected the representation of the petitioner seeking to
grant house site patta in respect of 1470 sq.ft of lands in Survey No.
244/1 which is classified as natham vacant land and in occupation of
the petitioner by putting up his construction. Challenging the
aforesaid three proceedings, the petitioner has filed this present writ
petition.
4. The specific stand taken by the petitioner in his affidavit
filed in support of the writ petition is that the property in Survey No.
244/1 which is in his enjoyment, is classified as natham vacant land
and it is a house site in which he and his predecessors in interest were
in possession and enjoyment for several decades. He further
submitted that at the time of purchase of the property in Survey No.
244/1, there was a thatched house. After purchase, he applied to the
competent authorities for construction of a pucca house under Green
House Scheme introduced by the State Government. He also
submitted that during the pendency of his claim for getting financial
assistance under Green House Scheme, 75% of the construction work
had been completed and the impugned orders have been passed when
the construction has reached the final stage.
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W.P(MD)No.22352 of 2019
5. A counter affidavit is filed by the 2nd respondent inter alia
admitting that the landed property in Survey No.244/1 which is in the
enjoyment of the petitioner is classified as natham vacant land.
However, nowhere in the counter affidavit, the respondents have
indicated as to how the property in Survey No.244/1 classified as
natham vests with the Government. Despite a catena of judgments of
this Court pointing out that the property which is a house site in
natham and which is in the enjoyment of the individual does not vest
with the Government, the revenue officials still initiate summary
proceedings for eviction by invoking the provisions of the Tamil Nadu
Land Encroachment Act, 1905, ignoring that the property classified as
natham cannot be classified as poramboke unless it is a communal
land.
6. Having regard to the admitted facts as seen from the
counter affidavit, this Court finds that the petitioner who is the person
in possession of the property which is classified as natham vacant
land, is entitled to be recognised as a person to hold the land in
recognition of his possession for the purpose of constructing his
residential house. In such circumstances, the respondents cannot
presume the petitioner's land as poramboke land and they are not
competent to take action either under the Tamil Nadu Land
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W.P(MD)No.22352 of 2019
Encroachment Act, 1905 or to recover possession of the petitioner's
land under any other enactments.
7. Therefore, the Writ Petition is allowed and the impugned
orders are set aside. Considering the fact that the petitioner is entitled
to claim ownership over the land which is in his possession and
enjoyment as a house site for a long number of years, the respondents
are directed to grant patta to the petitioner in respect of his land in
Survey No.244/1, if there is no rival claim under Section 23 of the
Tamil Nadu Patta Passbook Act, 1983. The entire exercise shall be
completed within a period of twelve weeks from the date of receipt of a
copy of this order. No costs. Connected miscellaneous petitions are
closed.
[S.S.S.R, J.] [D.B.C., J.]
22.08.2023
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The District Revenue Officer,
Collectorate,
Dindigul.
2. The Tahsildar,
Nilakottai Taluk Office,
Dindigul District.
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W.P(MD)No.22352 of 2019
3. The Block Development Officer,
Batlagundu Union Office,
Dindigul District.
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W.P(MD)No.22352 of 2019
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
bala
W.P(MD)No.22352 of 2019
22.08.2023
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