Jayalakshmi v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.NO.8861 OF 2022 AND W.M.P.NO.8688 OF 2022 Jayalakshmi ... Petitioner .Vs.

1. The Union of India, Rep. by its Secretary, Ministry of Defense, South Block, New Delhi.

2. The Commandant, Pioneer Corps Records, Bangalore - 900 493.

3. The Executive Director, Army Veterans Welfare Committee, Dakshin Bharath Area Golden Palm, Park Town, Chennai - 600 003.

4. The District Collector, Thirupathur District, Collectorate, Government Garden, Thirupathur - 635 601.

5. The Commissioner, Thirupathur Municipality, Commissioner, Municipal Office, Govt. Garden Road, Tirupattur.

6. The Tahsildar, Taluk Office, Thirupathur, Vellore District.

... Respondents

PRAYER:- Petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus, to call for the records in Na.Ka.No.130/2022/F1 dated 28.03.2022, issued by the 5th respondent,, and to quash the same illegal and without jurisdiction, and to consequently direct the 6th respondent to issue patta to the petitioner, in respect of property situated at Survey No.339/65, Ward-1, Block-14, Lakshmanan Street, Thirupathur Municipality, as per the recommendation of the 2nd respondent dated 26.09.2020.

For Petitioner :

Mr.S.Rajendra Kumar For Mr.Govind Chandrasekhar For Respondents :

Mr.S.N.Parthasarathy SCGSC for R1 to R3 Mr.P.Muthukumar State Government Pleader Assisted by Mr.A.Selvendran Special Government Pleader For R4 to R6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed challenging the notice dated 28.03.2022 issued by the 5th respondent, with a direction to the 6th respondent to issue Patta to the petitioner in respect of property situated in S.No.339/65, Ward-1, Block-14, Lakshmanan Street, Thirupathur Municipality, as per the recommendation of the 2nd respondent dated 26.09.2020.

2. Learned counsel for the petitioner submitted that the petitioner is in possession of the land in question for last 18 years and constructed house on it. She being the mother of Exservice person, who died in the war, claimed allotment of land pursuant to the Revenue Standing Orders. However, ignoring the aforesaid, notice to remove the encroachment has been given. It is more so when the recommendation in favour of the petitioner for allotment of land was made by the Senior Record Officer for OIC Records, by letter dated 26.09.2020. After the enquiry also, the recommendation was made by the Revenue Officer for allotment

of land, but ignoring the aforesaid, notice has been given to evict the petitioner from the land and therefore, the petitioner was left with no option but to prefer this writ petition.

3. Learned State Government Pleader appearing for the 4th to 6th respondents submitted that the notice under challenge has already been given effect. The encroachment made by the petitioner has already been removed. In view of the above, the petitioner's challenge to the notice would not survive. It is further stated that even the petitioner is not entitled for allotment of land within the Municipal limits. It is not governed by Revenue Standing Orders and therefore, the claim for allotment of land pursuant to the recommendation of the Senior Record Officer for OIC Records Army is not tenable. The land in possession of the petitioner was a valuable land and finding no authority in favour of the petitioner to possess the land, eviction has been effected after causing a notice as per the provisions of law. The prayer is to accordingly dismiss the petition, more so, when the petitioner is not entitled to seek for the land acquisition.

4. We have considered the rival submissions of the parties and perused the records.

5. Challenge is made to the notice for eviction of the petitioner from the land encroached by her for the reason that no document has been placed on record to show title in her favour. In view of the above, challenge to the notice for eviction cannot sustain. It cannot be only for the reason that the petitioner has made an application for issuance of Patta and the officer of the Army has made a recommendation for allotment of land. The recommendation cannot create a right, but has to be dealt with as per the provisions of law. The land in question is said to be falling in the Municipal area. Further, an area to the extent of 3,658 sq. ft. has been encroached by the petitioner, for which she has no right to seek Patta.

6. The recommendation of the Tahsildar is only based on the construction of the house made by the petitioner, which is said to be almost 18 years back, but merely for that reason the allotment of land cannot be made unless a right is pursued pursuant to any scheme or the Rule for issuance of Patta. Further, the possession of the petitioner has already been removed, and thus, nothing would survive, more so when the land was kept for Women and Children Hospital, but could not be alloted because of the possession of the petitioner.

7. For all the reasons given above, we find no valid grounds to cause interference in the impugned notice and accordingly, the writ petition is dismissed. The respondents are now at liberty to proceed further for allotment of land as per the provisions of law and for the purpose for which the land has been kept by them. There shall be no order as to costs. Consequently, W.M.P.No.8688 of 2022 is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar hvk To 1.

The Secretary, Union of India, Ministry of Defense, South Block, New Delhi.

2.

The Commandant, Pioneer Corps Records, Bangalore - 900 493.

3.

The Executive Director, Army Veterans Welfare Committee, Dakshin Bharath Area Golden Palm, Park Town, Chennai - 600 003.

4.

The District Collector, Thirupathur District, Collectorate, Government Garden, Thirupathur - 635 601.

5.

The Commissioner, Thirupathur Municipality, Commissioner, Municipal Office, Govt. Garden Road, Tirupattur.

6.

The Tahsildar, Taluk Office, Thirupathur, Vellore District.

+1cc to Mr.Govind Chandrasekhar, Advocate, S.R.No.34916 +1cc to the Government Pleader, S.R.Nos.35111 & 34878 W.P.NO.8861 OF 2022 RP(CO) PBS/21/06/2022