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Madras High CourtWP/3064/2024disposed of

Venkatesan v. The Director

2024-02-23Honourable Mr Justice P. Velmurugan12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.Nos.3349 & 3350 of 2024

1. Venkatesan 2 Chinnan 3 Gopal 4 Saala 5 Gowri 6 Laxmi 7 Kanniga 8 Anitha 9 V.Nagarajan 10 Matheswari 11 Chinnathambi 12 Eshwari

13 G. Narasammal 14 Meenatchi 15 Laxhmi 16 Maadhu 17 Sarasu 18 Murugeshan 19 Vengatesan 20 Santhi 21 M.Saravanan 22 C.Nagaraj 23 R.Ramesh 24 Murali 25 Alamelu 26 Kumar 27 V.Sivakumar 28 C.Sureshkumar 29 Bharath 30 Vengatesan

31 K.Ramu 32 Laxmi 33 Pradhap 34 Sakthivel 35 Kavitha 36 Arun 37 Jayalaxmi 38 Vengatammal 39 J.Nagaraj 40 M.Krishnan 41 Rajeshwari 42 Bathma 43 Ellamal 44 Anitha 45 Lavanya 46 Papathi 47 Santhi 48 Radha

49 Amulu 50 Kothai 51 Narasimman 52 Vengatesan 53 Chinnapapa 54 Amsa 55 Senthilmurugan 56 Rani 57 Niththiya 58 Kanagavalli 59 Kannan 60 Maniyammal 61 Elumazhai 62 S. Mangammal 63 Sumathi 64 Balamurugan 65 Anu priya 66 Parameshwari

67 Vasanth 68 Nagarani 69 Santhi 70 Ramu 71 Vengatesan 72 Mohan 73 Vaani 74 Nagammal 75 M.Nanthini 76 Muthuselvan 77 Jayalaxmi 78 N.Devi 79 N.Vanitha 80 Sumathi ... Petitioners Vs.

1 The Director Directorate of Municipal Administration, 75 Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600028.

2 The District Collector Tirupathur District.

3 The Revenue Divisional officer, Tirupathur Division, Tirupathur District.

4 The Tahsildar Tirupathur, Tirupathur District.

5 The Commissioner, Tirupathur Municipality. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to issue pattas to the Petitioners for their houses at Town Survey Nos.4/2 5/1 and 5/2 TMC Colony Tirupathur Town Tirupathur District based on the petitioners representation dated 08.01.2024 submitted to the Respondents.

For Petitioners : Mr.A.Suresh Sakthi Murugan For R1 to R4 : Mr.T.Arunkumar Additional Government Pleader For R5 : No appearance

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to issue Pattas in respect of the petitioners' houses in Town Survey Nos.4/2, 5/1 and 5/2 TMC Colony, Tirupathur Town, Tirupathur District, based on the petitioners' representation dated 08.01.2024 submitted to the respondents.

2. Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the official respondents 1 to 4 and perused the materials available on record.

3. The learned counsel for the petitioners submitted that the petitioners are living in TMC Colony, Tirupathur Town, for more than 40 years and had put up construction, hut and superstructure, as per their convenience. The petitioners are working as sanitary workers under the fifth respondent/Municipality. The subject lands are classified as Government "Poramboke land". The petitioners have made representations before the officials for issuance of Patta as early as in

the year 1973 itself. The fifth respondent/Municipality passed a resolution for issuance of Patta to the petitioners in the year 2005 and requested the Commissioner of Municipal Administration, Chennai to accord permission for issuance of Patta. But during the year 2022-2023, the fifth respondent/Municipality planned to construct a commercial complex in the subject land, after evicting the petitioners. Though the petitioners made representations before the respondents with regard to issuance of Patta, so far, no order has been passed on the petitioners' representations.

4. Learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the land in question belongs to the Municipality. For the improvement of the Municipality, the Government has taken their decision.

5. On a perusal of the records, it is seen that the land in question was originally described as Government "Poramboke land" and the petitioners and their ancestors have occupied the subject land over and

above the statutory period. At one point of time, the Municipality has also decided to give lands to the petitioners and subsequently, they have not issued Patta to the same. Hence, occupation of the petitioners in the subject land is not disputed. The respondents have also admitted that the petitioners are Sweepers working in the Municipality. Hence, they are entitled to get shelter in their Municipality.

6. Hence, the second and third respondents are directed to consider the petitioners' representations dated 08.01.2024 and they are also directed to take steps to get "No Objection Certificate" from the first and fifth respondents. The first and fifth respondents are directed to speed up the formalities and send a communication to the second and third respondents, without any delay. The second and third respondents are directed to issue notice to all the petitioners and also to fifth respondent and conduct enquiry in accordance with law within a period of four weeks and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the abovesaid directions, the Writ Petition is disposed of. There shall be no order as to costs. W.M.P.No.3349 is ordered and the petitioners are permitted to jointly file a single writ petition on payment of single Court fee. Consequently, connected miscellaneous petition in W.M.P.No.3350 of 2024 is closed.

23.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The Director Directorate of Municipal Administration, 75 Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600028.

2 The District Collector Tirupathur District.

3 The Revenue Divisional officer, Tirupathur Division, Tirupathur District.

4 The Tahsildar, Tirupathur, Tirupathur District.

5 The Commissioner, Tirupathur Municipality.

P.VELMURUGAN, J.

mfa and W.M.P.Nos.3349 & 3350 of 2024 23.02.2024