Madras High Court
S.Sivaraman vs The Government Of Tamil Nadu on 7 November, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
W.A.No.2721 of 2023
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.No. 2721 of 2023
and
C.M.P.No.22906 of 2023
V.Seenuvasan (Died)
S.Sivaraman,
S/o.V.Seenuvasan
No.14, Scodar Nagar,
Thindivanam,
Villupuram District.
[suo motu impleaded in this order] ...Appellant
Vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary,
Revenue Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The District Collector,
Villupuram District.
3.The Tahsildar,
Villupuram District.
4.Jagadhambal ...Respondents
1/6
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W.A.No.2721 of 2023
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PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order dated 19.11.2021 in W.P.No.23235 of 2019.
For Appellant : Mr.V.Raghavachari, Senior Counsel
for Mrs.V.Srimathi
For Respondents : Mr.T.Arunkumar, AGP for R1 to R3
*******
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Since it is brought to notice of this Court that original writ petitioner/
appellant Mr.Seenuvasan died one year back and his son/ legal heir
Mr.S.Sivaraman, S/o.V.Seenuvasan, No.14, Scodar Nagar, Thindivanam,
Villupuram District is present before this Court. He is suo motu impleaded as
appellant in present intra-Court appeal.
2. Writ Appeal has been instituted to assail writ order dated 19.11.2021
in W.P.No.23235 of 2019.
3. By order dated 09.03.1968, Government land measuring 5 cents was
allotted in favour of original appellant (deceased Seenuvasan) on condition. It
is a conditional assignment granted under Revenue Standing Orders.
Conditions in allotment would indicate that allottee must put up construction
within a period of six months from date of allotment. Set back areas are also
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contemplated along with other conditions. In event of failure to complete
construction within the time line stipulated in the order of allotment or building
constructed is not under usage for more than one year, allotment will lapse
automatically and allotted site vest with Government. Assignee/ allottee
cannot claim any compensation for building constructed by him or for any
other loss. All the conditions are binding on parties.
4. Learned Senior Counsel appearing on behalf of appellant would
submit that father of appellant constructed a thatched house during relevant
point of time and was residing. Therefore, land was utilized within the period
of limitation contemplated as condition. Land has been now utilized for laying
road to reach Narikuravar colony. Appellant claims that left out portion is to be
allotted in his favour.
5. Learned Additional Government Pleader would oppose by stating that
as per the condition, allotment lapsed long before. Government took
possession of the land and laid road for benefit of people residing in
Narikuravar Colony. Question of re-allotment would not arise at all. Since
original allottee viz., Seenuvasan violated allotment condition, he cannot claim
any further allotment. That apart, appellant or original writ petitioner has not
filed any document to establish that they have constructed building within six
months from date of allotment in the year 1968. It is contended by learned
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Additional Government Pleader that at the time of laying of road, there was no
construction and road laid is under usage and it is the only street available to
reach Narikuravar Colony.
6. May that as it be, appellant or father of appellant have not produced
any document to establish that construction was put up within a period of six
months from the date of allotment i.e., 09.03.1968. That apart, allotment
lapsed long before and land has been taken possession by Authorities and
road laid for the benefit of people residing in Narikuravar Colony. Therefore,
at this length of time grant of re-allotment would not arise at all.
7. Pertinently deceased/ father of appellant was working in District
Judiciary and present appellant is also a retired Junior Assistant served in the
District Judiciary. Originally land was allotted for the benefit of last grade
servants serving in the District Judiciary on condition. Once Authorities found
that conditions have been violated and lands are taken over and converted as
street for the benefit of people residing in Narikuravar Colony and the said
street is under public usage now, this Court cannot issue any direction for re-
allotment of the said land or remaining land un-utilized. That apart, at present
appellant cannot be considered as landless poor person under Revenue
Standing Orders nor eligible to claim house site under any Government
schemes. Writ Court also considered the allotment conditions imposed in
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allotment order dated 09.03.1968 and thus there is no infirmity as such.
8. Learned Additional Government Pleader would submit that
encroachment in that locality would be identified and all suitable actions will be
initiated to remove the encroachments by following procedures.
9. The Writ Appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition stands closed.
(S.M.S., J.) (M.S.Q., J.)
07.11.2025
dsa
Index :Yes/No
Neutral Citation :Yes/No
Speaking/Non-speaking order
To
1.The Secretary,
Government of Tamil Nadu,
Revenue Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The District Collector,
Villupuram District.
3.The Tahsildar,
Villupuram District.
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S.M.SUBRAMANIAM, J.
and
MOHAMMED SHAFFIQ, J.
dsa
07.11.2025
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