Madras High Court
Adhikesavareddy vs The State Of Tamil Nadu on 3 February, 2023
W.P.No.2724 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Writ Petition No.2724 of 2023
and
WMP No. 2828 of 2023
Adhikesavareddy .. Petitioner
Versus
1. The State of Tamil Nadu
Rep. by its Principal Secretary to Government,
Revenue and Disaster Management Department
Secretariat, Chennai-600009.
2. The District Collector
Tiruvallur District
Tiruvallur
3. The Revenue Divisional Officer
Tiruvallur
Tiruvallur District
4. The Tahsildhar
Oothukottai Taluk
Tiruvallur District .. Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue
a Writ of Mandamus, forbearing the respondents from converting the Thoppu
Poramboke lands in S.No.146/3, to an extent of 2.23.5 hectares, Latchivakkam
Village, Oothukottai Taluk, Tiruvallur District for providing house site Patta
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W.P.No.2724 of 2023
or for any other purpose and consequently direct the respondents to consider
our objection dated 24.11.2022 to maintain the said land as Thoppu
Poramboke Land for the usage of villagers.
For Petitioner : Mr. M.R. Jothimanian
for Mr. K. Balu
For Respondents : Mr. Bala Dhandayudhan
Special Government Pleader for RR1 to 4
ORDER
(Order of the Court was made by R. MAHADEVAN, J.)
Heard Mr. M.R. Jyothimanian, learned counsel for the petitioner and
Mr. Bala Dhandayutham, learned Special Government Pleader, who accepts
notice on behalf of the Respondents 1 to 4.
2. The petitioner has come forward with this Writ Petition to issue a
Writ of Mandamus forbearing the respondents from converting the Thoppu
Poramboke lands in S.No.146/3, to an extent of 2.23.5 hectares, in
Latchivakkam Village, Uthukottai Taluk, Tiruvallur District for providing
house site Patta or for any other purpose and consequently direct the
respondents to consider the objection of the Petitioner dated 24.11.2022 and
to maintain the said land as Thoppu Poramboke Land for the usage of
villagers.
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W.P.No.2724 of 2023
3. According to the Petitioner, he is a resident of Perambur Village,
Latchivakkam Panchayat, Uthukottai Taluk, Tiruvallur District where more
than 300 families are residing. The land in S.No.146/3,to an extent of 2.23.5
hectares, Latchivakkam Village, Uthukottai Taluk, Tiruvallur District has been
classified as Thoppu Poramboke and the same is used by the villagers for
public purpose and more particularly for cattle rearing. It is stated by the
petitioner that people belonging to Scheduled Caste community have given a
representation to provide free house site patta for their dwelling and for this
purpose, the respondents have zeroed in on the land in Survey No. 146/3
notwithstanding the fact that the same is used by the Villagers of
Latchivakkam Panchayat for cattle rearing and various other use. In this
context, commotion prevailed in the locality and therefore, the fourth
respondent issued summons dated 15.11.2022 to attend a peace committee
meeting on 16.12.2022, among the petitioner and others (B Party) and the
representatives of Scheduled Caste people (A Party). The petitioner and others
has no intention to oppose the proposal mooted by the respondents to
accommodate the scheduled caste people, but only requested to spare the land
in Survey No. 146/3 in Lathivakkam Panchayat. Therefore, the petitioner and
others did not attend the peace committee meeting. However, the petitioner
came to know that the respondents have decided to issue free house site patta
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W.P.No.2724 of 2023
to the Scheduled Caste People in respect of the land comprised in Survey
No.146/3. The petitioner therefore submitted a representation dated
24.11.2022 objecting to utilise the land in Survey No.146/3 for the purpose of
issuing free house site patta to the Scheduled Caste people. As the objection
raised by the petitioner in the representation dated 24.11.2022 has not been
considered, the petitioner is before this court with the present writ petition.
4. The learned counsel for the petitioner, while reiterating the
averments made in the affidavit filed in support of the writ petition, placed
reliance on the decision of the Division Bench of this Court in the case of
Raja Vs. The Secretary and others passed in W.P.No.19286 of 2021 on
02.02.2022 and submitted that the lands meant for grazing of cattle have to be
permitted to be used only for such purpose and it should not be utilised for any
other purpose such as providing house site etc., However, the learned counsel
appearing for the Petitioner submitted that it would suffice if the Respondents
are directed to consider the objections raised by the Petitioner on 24.11.2022
before issuing free house site pattas to the Scheduled Caste people in respect
of the land situated at S.No.146/3 (Thoppu Poramboke) of the Latchivakkam
Village, Uthukottai Taluk, Tiruvallur District, in the light of the Judgment of
Division Bench of this Court dated 02.02.2022 mentioned above.
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W.P.No.2724 of 2023
5. The learned Special Government Pleader appearing for the
respondents has no serious objection for issuing such a direction, as prayed for
by the counsel for the petitioner.
6. Considering the limited scope of the prayer now sought for by the
petitioner, without expressing any opinion on the merits of the case, the
second respondent is directed to consider the Petitioner's objection dated
24.11.2022, before taking a final decision in relation to allotment of house site
to Scheduled Caste people in the land in Survey No.146/3 in Latchivakkam
Village, afford an opportunity of hearing to the petitioner and others
concerned and pass appropriate orders, on merits and in accordance with law,
in the light of the Judgment of Division Bench of this Court dated 02.02.2022
made in W.P.No.19286 of 2021 (Raja Vs. The Secretary and others).
7. With the above direction, this Writ Petition stands disposed of.
No costs. Consequently, connected Miscellaneous Petitions are closed.
[R.M.D., J.] [M.S.Q., J.]
03.02.2023
Index : Yes / No
Internet : Yes / No
arr/rsh
https://www.mhc.tn.gov.in/judis
W.P.No.2724 of 2023
To
1. The State of Tamilnadu,
Rep. by its Principal Secretary to Government,
Revenue and Disaster Management Department,
Secretariat,
Chennai-600009.
2. The District Collector,
Tiruvallur District,
Tiruvallur.
3. The Revenue Divisional Officer,
Tiruvallur,
Tiruvallur District.
4. The Tahsildhar,
Oothukottai Taluk,
Tiruvallur District.
https://www.mhc.tn.gov.in/judis
W.P.No.2724 of 2023
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
arr/rsh
WP No. 2724 of 2023
03.02.2023
https://www.mhc.tn.gov.in/judis
