Madras High Court
The Commissioner Of Land ... vs Subramaniyan on 29 October, 2025
Bench: S.M.Subramaniam, Mohammed Shaffiq
2025:MHC:2501
W.A.Nos.2716, 2718, 2726 to 2728 & 2682 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.A.Nos.2716, 2718, 2726, 2727, 2728 and 2682 of 2025
and
C.M.P.Nos.21841, 21855, 21892, 21903, 21907 and 21546 of 2025
1.The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai – 600 005.
2.The District Collector,
Kallakurichi District,
Kachirapalayam Road,
Kallakurichi – 605 602.
3.The Revenue Divisional Officer,
Kallakurichi,
Kachirapalayam Road,
Kallakurichi – 606 202.
4.The Chief Conservation of Forest,
Panagal Maligai, Saidapet,
Chennai – 600 015. ...Appellants
Vs.
Subramaniyan ...Respondent in W.A.No.2716/2025
Velmurugan ...Respondent in W.A.No.2718/2025
P.Selvaraj ...Respondent in W.A.No.2726/2025
Sivamani ...Respondent in W.A.No.2727/2025
1/11
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W.A.Nos.2716, 2718, 2726 to 2728 & 2682 of 2025
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P.Senthil Kumar ...Respondent in W.A.No.2728/2025
Annamalai ...Respondent in W.A.No.2682/2025
COMMON PRAYER: The Writ Appeals filed under Clause 15 of the Letters
Patent praying to set aside the impugned common order passed in
W.P.Nos.30239, 30218, 30211, 30368, 30370 and 30143 of 2024 dated
06.11.2024 and allow these Writ Appeals.
For Appellants : Mr.P.Ramanlaal,
Addl. Advocate General
Assisted by Mr.T.Arun Kumar,
Addl. Govt. Pleader in all WAs
For Respondents : Mrs.N.Kavitha Rameshwar in all WAs
*****
COMMON JUDGMENT
(Delivered by S.M.SUBRAMANIAM, J.)
Under assail is the common writ order dated 06.11.2024 in
W.P.Nos.30239, 30218, 30211, 30368, 30370 and 30143 of 2024.
2. State preferred the present intra-Court appeal mainly on the ground
that subject lands have been classified as forest lands. Therefore, directions
issued by the writ Court to grant patta to the encroachers / respondents herein
is in violation of provisions of the Forest Act and Rules framed thereunder.
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W.A.Nos.2716, 2718, 2726 to 2728 & 2682 of 2025
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3. Per contra, learned counsel appearing on behalf of respondents
would submit that respondents are Scheduled Tribes and they are in
possession of cultivating lands in Kalvarayan Hills for several decades. Thus,
they are entitled for patta. The writ Court considered the issues and directed
appellants herein to grant patta to the respondents. Thus, the present Writ
Appeal is to be rejected.
4. The learned Additional Advocate General appearing on behalf of the
appellants is unable to produce any document to establish that subject
location has been declared as private forest and consequential notifications
have been issued under the Act. However, facts can be captured from the
proceedings of the District Collector, Villupuram dated 07.03.1999, which is a
proposal sent to the Secretary to Government through the Special
Commissioner and Commissioner of Land Administration. In the said
proposal the Collector has stated as follows:-
5) On resumption of the Hills area from Jagidars the
Survey and Settlement work was taken up. The folk (colloquial)
word being used for cultivating lands is different from place to
place. For instance, in plain areas ryots denote their cultivating
land as Kalani (), Nilam (), Vayal () and Kollai (). The tribals
used the folk as 'Kadu' (). The settlement officials during the
settlement, operation, misonstrued the meaning of 'Kadu' and
misclassified the lands in the village records.
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6) According to the Settlement records, the Kalrayan Hills
are classified as follows:
(1) Kadu Poramboke ... 35,395-06-0 Hects.
(2) Cultivable land which is
Proclaimed as 'Kadu Poramboke' ... 10,112-95-0 Hects.
(3) A.W.D. lands ... 1,103-26-0 Hects.
(4) Unassessed waste dry lands ... 716-20-5 Hects.
(5) Poramboke lands ... 1,862-33-5 Hects.
(6) Patta issued to ryots ... 8,153-78-0 Hects.
-------------------------------
Total ... 57,343-59-0 Hects.
-------------------------------
7) The Government have appointed Forest Settlement
Officer during the year 1983 to classify Kadu Poramboke and
proclaimed into Reserve Forest and other cultivable area
separately. The Forest Settlement Officer has divided the
Kalrayan Hills (Comprising of 50 Revenue Villages) into 41
forest blocks for his administrative convenience. It the
meantime, the Tribals of Karayan Hills moved the High Court,
Chennai for the grant of land assignment which are encroached
and enjoyed by them for pretty a long time and filed a Writ
Petition in W.P.No.1210/85 and the High Court, of Judicature at
Chennai in their order dated 24.2.94 directed that the tribals
should apply for land assignment to the Collector within a
period of 3 months from the date of receipt of Judgement and
inturn the Government should scrutinise all such applications
and settle the issue within a period of six months. Since, no
applications were received from the tribals, a report to that
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effect was sent to Government on 29.12.1994. Further, the
post of Forest Settlement Officer was disbanded with effect
from 31.5.1993 with the result the residuary work were given up
and the 'Kadu Poramboke' were not converted into Reserve
Forest till now.
8) In the meantime, the High Level Committee which was
constituted by the Government recommended that Land
assignment be issued at the rate of 1.00.0 Hectare per family.
Accordingly, the enumeration was done by the then three
Special Tahsildars, four years back and identified 7228 tribals
families in Kalrayan Hills of them 4,217 families found to be
landless tribals. Now, the tribal families are increasing
considerably, but their encroachment has been taken into
account prior to the verdict of High Court Order dated
24.02.1994, in this proposals for the issue of land assignment.
In this connection, a report was already submitted in this office
Ref.B2/7218/93, date 13.06.95 to the Special Commissioner
and Commissioner of Land Administration, Chennai that
assignment proposals have to be initiated to assign lands to
tribals at the rate of 1.00.0 Hects. per tribal family. As decided
earlier, the details of lands which are required to provide land
assignment to 4217 families are as follows:
(1) Assessed Waste Dry .. 646.53.5 Hects.
(2) Unassessed Waste Dry .. 296.15.5 Hects.
(3) To be reclassified from Kadu
Poramboke which are under
The cultivation & enjoyment
Of the tribals .. 3274.31.0 Hects.
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W.A.Nos.2716, 2718, 2726 to 2728 & 2682 of 2025
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5. In view of the fact that subject lands are classified as Kadu
Poramboke, un-assessed waste dry land (Tharisu), poramboke land, patta
under the Tamil Nadu Patta Passbook Act cannot be granted as directed by
the writ Court in the impugned order. Patta under the Tamil Nadu Patta
Passbook Act can be issued if applicant is able to establish that he / she is the
owner of the land. Section 3(1) of the Tamil Nadu Patta Passbook Act, 1983
enumerates that “Thashildar shall issue patta passbook to every owner in
respect of land owned by him on an application made by him in this behalf.”
“Limited owner” and “Owner” have been defined under Sections 2(5) and (6)
of the Tamil Nadu Patta Passbook Act.
6. In the present case respondents admittedly are not owners of the
subject land. They claim that they are in possession for long years and
cultivating subject lands for their livelihood. The learned counsel for the
respondents would submit that it would be suffice if conditional assignments
are granted enabling Scheduled Tribe people to continue cultivation and to
lead peaceful life.
7. Assignments are to be granted by the competent Authority under
Revenue Standing Orders. Conditional assignment may be granted subject to
eligibility and in consonance with terms and conditions stipulated under
Revenue Standing Orders applicable.
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8. Kalvarayan Hills was annexed with the Indian territory only in the year
1976 after 29 years of independence. The first ever election in this 1000
sq.km. was held only in the year 1996. Earlier there were no welfare activities
including schools, roads, hospitals, employment opportunities and there was
no police station in the Kalvarayan hills. Later on growth and progress in that
location continued. Even thereafter men and women resorted to manufacture
illicit arrack. It appears that there were no bus or motorable roads or transport
facility were provided to people residing in serveral villages in Kalvarayan
Hills. Poverty and want of livelihood forced men and women to resort to
manufacturing of illicit arrack in Kalvarayan Hills. These aspects are to be
considered by the Government for the purpose of grant of assignment to
Scheduled Tribe people, who all are in possession of Government lands and
cultivating the same.
9. However, several proceedings of the District Collector and
Commissioner of Land Administration would show that the subject lands are
classified as Kadu Poramboke, un-assessed waste land (tharisu), poramboke
lands etc., The eligibility and other criteria as contemplated under the
Revenue Standing Orders are to be taken into consideration for grant of
conditional assignment to Scheduled Tribe people, who are already engaged
in cultivating subject lands in Kalvarayan hill area.
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10. The High Court in exercise of power of judicial review may not issue
directions to grant patta or to assign Government lands. Such a policy /
administrative decisions are to be taken at the Government level. Taking into
consideration various factors and mitigating circumstances under which these
Scheduled Tribe people in Kalvarayan Hills are placed, the Government being
welfare State is expected to show compassion, in order to protect their
livelihood, which is the basic right enshrined under the Constitution. In the
present case, the respondents would submit that they are cultivating lands for
long years. The said facts are also to be verified.
11. As far as the writ order impugned is concerned directions issued to
grant patta under the Tamil Nadu Patta Passbook Act, 1983 cannot be
sustained. In alternate this Court would direct the appellants to initiate all
necessary actions to assess the lands encroached upon in that locality and
submit necessary proposal to the Government for the purpose of grant of
assignment based on eligibility criteria and by following procedures as
contemplated under the Revenue Standing Orders applicable to that locality.
If at all any portion of the land is already declared as forest area under the
Forest Act then the provisions of the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006 and The Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
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Rules, 2007 are to be followed for the purpose of conferring any right to these
tribes in order to protect their livelihood. The said exercise is directed to be
completed by the appellant in coordination with the Government and District
Collector within a period of six (6) months from the date of receipt of a copy of
this order.
12. With the above directions, these Writ Appeals stand disposed of.
No costs. Consequently, the connected miscellaneous petitions are closed.
(S.M.S., J.) (M.S.Q., J.)
29.10.2025
dsa
Index :Yes/No
Neutral Citation :Yes/No
Speaking/Non-speaking order
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To
1.The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai – 600 005.
2.The District Collector,
Kallakurichi District,
Kachirapalayam Road,
Kallakurichi – 605 602.
3.The Revenue Divisional Officer,
Kallakurichi,
Kachirapalayam Road,
Kallakurichi – 606 202.
4.The Chief Conservation of Forest,
Panagal Maligai, Saidapet,
Chennai – 600 015.
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W.A.Nos.2716, 2718, 2726 to 2728 & 2682 of 2025
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S.M.SUBRAMANIAM, J.
and
MOHAMMED SHAFFIQ, J.
dsa
W.A.Nos.2716, 2718, 2726, 2727, 2728 and 2682 of 2025
29.10.2025
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