Kalaiyarasi, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2017 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P. Nos.12593 and 12594 of 2015 and M.P.Nos.1 and 2 of 2015 Kalaiyarasi ... Petitioner in WP.12593/2015 Saranraj ... Petitioner in WP.12594/2015 -Vs1. Government of Tamil Nadu, rep. by its Principal Secretary, Revenue Department, Fort St. George, Chennai 600 009.
2. The Commissioner for Land Administration, Govt. of Tamil Nadu, Chepauk, Chennai 600 005.
3. The District Collector, Villupuram District, Villupuram.
4. The Revenue Divisional Officer/ Sub Collector, Gingee Revenue Division, Gingee, Villupuram District.
5. The Tahsildar, Gingee Taluk, Gingee, Villupuram District.
6. The Executive Officer, Gingee Town Panchayat, Gingee, Villupuram District.
7. The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (O & M), Gingee Town, Villupuram District.
... Respondents Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to
call for the records relating to the impugned stereo type orders dated 05.02.2015 made in Na.Ka.No.A2/18/2014 dated 05.02.2015 passed by the 6th respondent respectively and quash the same, Consequently direct the 5th respondent to issue patta to the petitioner or any alternative land in terms of various Government Orders passed by the Government of Tamil Nadu. For Petitioners :
Mr.M.R.Jothimanian (In both W.Ps) For Respondents :
Mr.T.N.Rajagopalan (In both W.Ps) Special Government Pleader COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) It is pointed out by the learned Special Government Pleader that the land in question is an Eri land and thus, lease or grant of patta cannot be issued. The petitioners cannot continue to occupy an Eri land. However, in so far as nonallotment of any alternative land is concerned, that would be the prerogative of the State Government subject to any policy in that behalf.
Writ petitions are dismissed with the aforesaid observation. No costs. Consequently, M.P.Nos.1 and 2 of 2015 also stand dismissed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sra To
1. The Principal Secretary to Govt. of Tamil Nadu, Revenue Department, Fort St. George, Chennai 600 009.
2. The Commissioner for Land Administration, Govt. of Tamil Nadu, Chepauk, Chennai 600 005.
3. The District Collector, Villupuram District, Villupuram.
4. The Revenue Divisional Officer/ Sub Collector, Gingee Revenue Division, Gingee, Villupuram District.
5. The Tahsildar, Gingee Taluk, Gingee, Villupuram District.
6. The Executive Officer, Gingee Town Panchayat, Gingee, Villupuram District.
7. The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (O & M), Gingee Town, Villupuram District.
+1cc to the Government Pleader, S.R.No.3411 W.P.Nos.12593 and 12594 of 2015 UG(CO) CA(27/01/2017)