Madras High Court
R.B.Prema Kumari vs The State Of Tamil Nadu on 9 November, 2023
W.P.(MD)No.19156 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.19156 of 2021
1.R.B.Prema Kumari
2.G.Prem Anand
3.Krishna G.Thampi
4.T.Lekshmi Amma
5.K.Prasad
6.K.L.Preetha ... Petitioners
Vs
1.The State of Tamil Nadu,
Represented by
the District Collector of Kanyakumari,
at Nagercoil, Kanyakumari District.
2.The Director of School Education,
College Road, Chennai-600 006.
3.The Chief Educational Officer,
Kanyakumari, at Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Thiruvattar, at Marthandam,
Kanyakumari District.
1/10
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W.P.(MD)No.19156 of 2021
5.The Headmaster,
Government High School, Thiruvattar,
Kanyakumari District. ..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents to
consider and dispose of the petitioner’s petition dated Nil- 10.2020 sent to
respondents 1 to 4 on 21.10.2020 intimating the decision to the petitioners
within a time to be fixed by this Court.
For Petitioners : Mr.K.N.Thampi
For Respondents : Mr.P.Thambidurai,
Government Advocate
ORDER
This Writ Petition has been filed for the issue of writ of
mandamus directing the respondents to consider the representation made
by the petitioners on 21.10.2020, wherein, the petitioners are seeking for
the payment of compensation from the respondents.
2. The case of the petitioners is that the subject property in old
Survey No.2568 (correlating to R.S.No.864/1) was allotted in a partition
suit in O.S.No.2107 of 1102 (M.E) corresponding to 1926/27. One
Krishnanthambi was in possession and enjoyment of an extent of 87 cents
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W.P.(MD)No.19156 of 2021
and he died in the year 1964 and on his death, the property was succeeded
by Gopinathan Thampi and Kesavan Thampi.
3. A Government school was running adjacent to the property
and the compound wall of the property was demolished and the School
started having access to the property. Hence, a suit came to be filed by the
above said Gopinathan Thampi and Kesavan Thampi in O.S.No.587 of
1983 before the learned Principal District Munsif, Padmanabapuram,
seeking for the relief of declaration of title and possession over the
property measuring an extent of 87 cents. This suit was also contested by
the State and the Educational Department. The trial Court by Judgment
and Decree dated 09.04.1992, granted the relief of declaration, but,
however, refused to grant the relief of possession on the ground that the
School had been using this property for a long period of time and
therefore, they are entitled to retain possession by means of adverse
possession.
4. The above Judgment and Decree passed by the trial Court
became a subject matter of appeal before the Sub Court,
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W.P.(MD)No.19156 of 2021
Padmanabhapuram in A.S.No.65 of 1992. The Appellate Court by
Judgment and Decree dated 16.08.1996 dismissed the appeal and
confirmed the Judgment and Decree passed by the trial Court. Thus, the
relief of declaration alone was granted without granting possession of the
subject property.
5. The petitioners are successors in interest for the property
and according to the petitioners, they are entitled for compensation for the
property. The petitioners, therefore, made a representation in this regard
to the respondents on 21.10.2020 seeking for compensation. Since the
same was not considered, the present Writ Petition has been filed before
this Court.
6. The fourth respondent has filed a counter affidavit. The
relevant portions in the counter affidavit are extracted hereunder:
“4. It is submitted that the Education
Department constructed Appar Primary school in
the year 1073 the seal of the Trivancore cochin is
engraved in the Building. The land is in
possession of the Government from the 18
century. There is no encroachment. The
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W.P.(MD)No.19156 of 2021
petitioners have stated that the students of the
High school Thiruvattar, have damaged the
eastern side of the property. The Eastern side of
the property happens to be Kulasekaram to
Marathandam Road. is submitted that in view of
the fact that the land was in possession of the
government long before say from the year 1073
and from the year 18th century the re is no;
question of any tress passing by the Respondents.
5. It is submitted that having failed
in the civil suit, the petitioners are now trying to
get the possession of the land by filing this writ
Petition, suppressing all the vital facts. The
petition dated 21-10-2020 of the petitioners will
show that the petitioners are very much
interested in getting monetary benefit from the
land which is no more belongs to them. It is a
false claim over a property on which they have no
right. Hence there is no necessity to give any
reply to the notice. The petitioners themselves are
aware of this fact, as when the civil having
jurisdiction has confirmed the fact.”
7. Heard the learned counsel appearing on either side.
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W.P.(MD)No.19156 of 2021
8. The learned counsel appearing for the petitioners submitted
that the State cannot knock off the property on the ground of adverse
possession and therefore, the petitioners are entitled for atleast
compensation for the property. To substantiate this submission, the
learned counsel relied upon the Judgment of the Hon'ble Apex Court in the
case of Vidaya Devi Vs. The State of Himachal Pradesh and Others
reported in (2020) 2 SCC 569. The learned counsel submitted that the
Hon'ble Apex Court had deprecated the State for claiming adverse
possession and it was held that the State cannot be permitted to perfect its
title under the doctrine of adverse possession. The learned counsel further
submitted that the petitioners cannot be deprived of compensation on the
technical plea of latches / delay and for this issue also, the learned counsel
relied upon the above Judgment.
9. The learned Government Advocate appearing on behalf of
the respondents submitted that the petitioners are not entitled for any
compensation, since the civil proceedings have already reached finality.
This was also communicated to the petitioners by the fourth respondent.
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W.P.(MD)No.19156 of 2021
The learned counsel for the petitioners submitted that no such
communication was received by the petitioners till date and that a copy of
the same was furnished only during the course of hearing.
10. In the considered view of this Court, the civil proceedings
declared the title to the property in favour of predecessor in title.
However, the relief of possession was denied by applying the doctrine of
adverse possession. The petitioner has now relied upon the Judgment of
the Hon'ble Apex Court to contend that the State cannot take away the
lands of its citizen by applying the doctrine of adverse possession. The
learned counsel has relied upon the said Judgment on the ground that the
relief cannot be denied on the mere plea of latches / delay.
11. The above stand that has been taken by the petitioners will
have to be necessarily considered by the respondents. In view of the same,
there shall be a direction to the first respondent to deal with the
representation made by the petitioners on 21.10.2020 on its own merits and
in accordance with law and in the light of the specific plea that has been
taken by the petitioners which has been recorded supra. A final decision
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W.P.(MD)No.19156 of 2021
shall be taken by the first respondent and the same shall be communicated
to the petitioners within a period of eight (8) weeks from the date of receipt
of a copy of this order.
12. This Writ Petition is disposed of with the above directions.
No costs.
09.11.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
To
1.The State of Tamil Nadu,
Represented by
the District Collector of Kanyakumari,
at Nagercoil, Kanyakumari District.
2.The Director of School Education,
College Road,
Chennai-600 006.
3.The Chief Educational Officer,
Kanyakumari, at Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Thiruvattar, at Marthandam,
Kanyakumari District.
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W.P.(MD)No.19156 of 2021
5.The Headmaster,
Government High School, Thiruvattar,
Kanyakumari District.
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W.P.(MD)No.19156 of 2021
N.ANAND VENKATESH, J.
tsg
W.P.(MD)No.19156 of 2021
09.11.2023
https://www.mhc.tn.gov.in/judis
