G.Annadurai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2020
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.2253 to 2256 of 2013 and M.P.Nos.1,1,1,and 1 of 2013 G.Annadurai
...Petitioner in W.P.2253/2013
G.Padmanaban
...Petitioner in W.P.2254/2013
G.Venkatesan
...Petitioner in W.P.2255/2013
G.Prakash
...Petitioner in W.P.2256/2013
vs
1. The District Collector, Kancheepuram District, Office of the Collector of Kancheepuram, Kancheepuram.
2. The Tahsildar, Chengalpet Taluk, Office of the Tahsildar, Chengalpet.
3. The Village Administrative Officer, O/o.of the Village Administrative Officer, No.49, Gangai Amman Koil Street, Kalivandhapattu, Kayarambedu Post, Kancheepuram District.
...Respondents in all W.Ps.
Prayer in all W.Ps: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus forbearing the respondents their men servants subordinates or agents or any person acting on their behalf from disturbing petitioners peaceful possession and enjoyment of the agricultural lands comprised in Survey No.1 of an extent of Acre 1.25 cents out of 5.0 acres of land situated in Kadamboor Village bearing No.80 Maraimalai Nagar Municipality Chengalpet Taluk Kancheepuram District without following the procedure established under law.
For Petitioner : Mr.K.Venkateswaran in all W.Ps.
For Respondents-1 and 2 : Mr.V.Shanmuga Sundar in all W.Ps Spl.Government Pleader For Respondent-3 : Dismissed vide Court order dated 15.12.2014
C O M M O N O R D E R These matters are taken up for hearing through Video Conferencing mode.
2. The petitioners have filed this Writ Petition seeking a writ of Mandamus forbearing the respondents, their men, servants, subordinates or agents or any person acting on their behalf from disturbing petitioners' peaceful possession and enjoyment of the agricultural lands comprised in Survey No.1 of an extent of Acre 1.25 cents out of 5.0 acres of land situated in Kadamboor Village, bearing No.80, Maraimalai Nagar, Municipality Chengalpet Taluk, Kancheepuram District without following the procedure established under law. 3.
All the petitioners claim to be in possession and occupation of the agricultural lands comprised in Survey No.1 to an extent of Acre 1.25 cents each in Kadamboor Village, bearing No.80, Maraimalai Nagar Municipality, Chengalpet Taluk, Kancheepuram District for more than 20 years. It is also stated that they have been cultivating the crops and paying kists. The petitioners have produced only kists receipts for the years 2006 and 2008 relating to Fasli 1414, 1415, 1416 and 1417. Since they have been in possession of the said lands, carrying agricultural activities and the respondents 2 and 3 have asked them to vacate the property, the petitioners have moved this Court and obtained an order of injunction, not to be evicted unless by due process of law.
4.
The learned Special Government Pleader appearing on behalf of the respondents 1 and 2 has submitted the report of the Revenue Inspector dated 22.08.2020 in proceedings No.Vu.Mu.390/2020. The said report states that the Survey No.1 is a poromboke land as per the records and the said lands are allotted to Chennai Metropolitan Development Authority. Though the petitioners have occupied those lands, field inspection revealed that no cultivation is being done on the lands. Since they are poramboke lands and already allotted to Chennai Metropolitan Development Authority, the petitioners cannot demand for issuance of patta also. However, as it is stated that the petitioners are in possession of the properties, the respondents 1 and 2 are directed to evict them in the manner know to law following the due process.
5.
With the above direction, the Writ Petitions are disposed of .
No costs.
Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The District Collector, Kancheepuram District, Office of the Collector of Kancheepuram, Kancheepuram.
2. The Tahsildar, Chengalpet Taluk, Office of the Tahsildar, Chengalpet.
3. The Village Administrative Officer, O/o.of the Village Administrative Officer, No.49, Gangai Amman Koil Street, Kalivandhapattu, Kayarambedu Post, Kancheepuram District.
+4cc to the Mr.K.Venkateswaran, Advocate in Sr.29803 W.P.Nos.2253 to 2256 of 2013 and M.P.Nos.1,1,1,and 1 of 2013 ajs(co) rv(28/9/2020)