R.Maruthappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.09.2021 Coram THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No. 5489 of 2015 and M.P.No.1 of 2015 R. Maruthappan .. Petitioner

Versus

1.The District Collector Coimbatore Collectorate Coimbatore.

2. The Assistant Director of Town Panchayat Coimbatore Zone Hosur Road, Coimbatore

3. The Executive Officer Othkkal Mandapam Town Panchayat Othakkal Mandapam Coimbatore District

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the third respondent to dispose of the petitioner's representation dated 5.1.2015 requesting the third respondent not to convert the usage of the land measuring 6.25 acres in Survey No.126/3A1A belonging to the Othakkal Mandapam Town Panchayat, Coimbatore District from the purpose of fruit garden to Natham poramboke and not to allot any patta to any private party in respect of the said land.

For Petitioner : Mr. S.D.S. Phillip For Respondents : Mr.Stalin Abhimanyu, Government Advocate for R1 & R2 Mr. Durai Solaimalai for R3

O R D E R

The relief sought for in this writ petition is to issue a Writ of Mandamus directing the third respondent to dispose of the petitioner's representation dated 5.1.2015, which was filed requesting the respondents not to convert the usage or classification of the land comprised in Survey No.126/3A1A measuring 6.25 acres belonging to the Othakkal Mandapam Town Panchayat, Coimbatore District from fruit garden to Natham poramboke or to allot any patta to any private party in respect of the said land.

2.

According to the petitioner, he is a resident of Othakkal Mandapam, Coimbatore District where he is enjoying some portion of the Panchayat land specifically allotted for cattle grazing. It is claimed that like the petitioner, many other villagers are also enjoying such common facilities. It is contended that the land measuring an extent of 9.37 acres in Survey No. 126/3A was handed over to the Village Town Panchayat by the Revenue Department way back in the year 1960 and the same was recorded in the Resolution dated 30.09.1960. Further by Resolution No.202, dated 30.12.1971, it was resolved not to change the classification and/or use of the land from Panchayat land into Natham Poramboke. Inspite of the above, by a resolution No.15/2014, dated 3.3.2014, the Town Panchayat had allotted land to an extent of 6.25 acres out of 9.37 acres of land, which was utilised for cattle grazing and as a fruit garden, for the purpose of construction of a school and for provision of drainage in the locality.

3.

It is the grievance of the petitioner that the respondents 1 and 2, with malafide motive are attempting to convert the said land area allotted for fruit garden by passing a Resolution dated 3.3.2014. Pursuant to such resolution, the respondents are attempting to issue patta in the name of private parties, which, according to the petitioner, is against the Panchayat Resolution and contrary to law. Therefore, to protect the above said property from being encroached by the third parties, the petitioner made a representation on 5.1.2015 to the third respondent requesting not to convert the use of land or to allot it to any private parties. It is stated that the said representation dated 05.01.2015 has not been acted upon and it is kept pending till date by the respondents. Therefore, the present writ petition is filed for the aforesaid relief.

4.

The learned counsel for the petitioner relied on the communication dated 06.03.2015 of the third respondent addressed to the second respondent wherein it was stated that the subject matter of the land has been allotted for maintaining the fruit garden, however, some third party and unknown elements had encroached the fruit garden and dumped sand, stone and other construction materials without the permission of the Panchayat. The learned counsel for the petitioner therefore prayed this Court to issue appropriate direction to the respondents to ensure that the land in question is not encroached by third persons in any manner.

5.

The learned counsel for the third respondent, by placing reliance on the counter affidavit, would contend that pursuant to the resolution dated 03.03.2014, land measuring 1.53 acres was allotted to the Government Middle School, Madukkarai. Further, a piece of land measuring 1.59 acres was allotted to establish and develop solid waste management programme and remaining 6.25 acres of land was earmarked for fruit garden. In fact, unknown persons have dumped sand, stone and other construction materials without the permission of the respondents and therefore, steps are being taken to remove such encroachment. It is also further stated in par No. 4 (e) of the counter affidavit that the representation dated 5.1.2015 of the petitioner is still under consideration and the respondents have no proposal to convert the usage of the said land or to issue patta to private parties, as alleged by the petitioner. 6.

Heard the counsel for both sides and perused the materials placed on record. It is seen that the petitioner made a representation dated 5.1.2015 before the respondents to prevent the public land from being encroached by private parties, after converting the nature and classification of the land in question. In the counter affidavit of the third respondent, it was stated that steps are being taken to safeguard the property from being encroached and that the respondents have no proposal to issue patta to third parties. It is also submitted that the representation dated 05.01.2015 is under active consideration of the respondents. 7.

In view of the above, the third respondent is directed to consider the petitioner's representation dated 5.1.2015, afford an opportunity of hearing to him and pass

appropriate orders thereon, if not already passed, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that no encroachment shall be permitted to be made in the land in question by the respondents. The Writ Petition stands disposed of accordingly.

No costs.

Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-CCC) // True Copy // Sub Assistant Registrar msr/rsh To 1.The District Collector Coimbatore Collectorate Coimbatore.

2. The Assistant Director of Town Panchayat Coimbatore Zone Hosur Road, Coimbatore

3. The Executive Officer Othkkal Mandapam Town Panchayat Othakkal Mandapam Coimbatore District +1CC to Mr. S.D.S. Phillip, Advocate, SR.No. 44180 +1CC to The Government Pleader, SR.No. 44589 WP No. 5489 of 2015 CA(CO) B.VC (13/10/2021)