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Madras High CourtWP/13479/2019dismissed

Ramakkal@Thulasi v. The State Of Tamil Nadu

2022-01-03Honourable Mr Justice G.K. Ilanthiraiyan14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.13479, 13483, 13487, 13489, 13501, 13513, 13516, 13518, 13521, 13523 and 13524 of 2019 and W.P.No.26313 of 2021 and W.M.P.Nos. 35641, 35643, 35650, 35687, 35688, 35689, 35690, 35691, 35692, 35693 and 35694 of 2019 and W.M.P.Nos.27776 and 27778 of 2021 RAMAKKAL @ THULASI ...PETITIONER in WP.No.13479 of 2019 KOKILA ...PETITIONER in WP No.13483 of 2019 GOMATHI ...PETITIONER in WP No.13487 of 2019 SANKARAMMAL ...PETITIONER in WP No.13489 of 2019 RATHINAM ...PETITIONER in WP No.13501 of 2019 VENKITTAMMAL ...PETITIONER in WP No.13513 of 2019 VIMALA ...PETITIONER in WP No.13516 of 2019 SHANTHAMANI ...PETITIONER in WP No.13518 of 2019 PAPATHI ...PETITIONER in WP No.13521 of 2019 AMUDHA ...PETITIONER in WP No.13523 of 2019 RAJESHWARI ...PETITIONER in WP No.13524 of 2019 MRS.ANITHALAKSHMI ...PETITIONER in WP No.26313 of 2021 -Vs1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. KALIAPPAN ...RESPONDENTS in WP.No.13479 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT, ...RESPONDENTS in WP No.13483 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR, ERODE.

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT, ...RESPONDENTS in WP No.13487 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT, ...RESPONDENTS in WP No.13489 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. SANGEETHA ...RESPONDENTS in WP No.13501 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. VALUPPURAL ...RESPONDENTS in WP No.13513 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. RANI ...RESPONDENTS in WP No.13516 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. CHINNATHAI ...RESPONDENTS in WP No.13518 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. SHANTHI ...RESPONDENTS in WP No.13521 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. DEEPA ...RESPONDENTS in WP No.13523 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT,

7. MANIYAL ...RESPONDENTS in WP No.13524 of 2019

1. THE STATE OF TAMILNADU REP. BY THE SECRETARY OF REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009.

2. THE DISTRICT COLLECTOR COLLECTORATE BUILDINGS SAMPATH NAGAR

3. THE REVENUE DIVISIONAL OFFICER CUTCHERRY MAIN ROAD GOBICHETTIPALAYAM.

4. TAHSILDAR, TALUK OFFICE, SATHYAMANGALAM.

5. THE SUB-INSPECTOR OF POLICE, POLICE STATION, PUNJAI PULIYAMPATTI.

6. THE SUPERINTENDENT OF POLICE, ERODE DISTRICT, ...RESPONDENTS in WP No.26313 of 2021 PRAYER in WP.No.13479 of 2019:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dated 09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dated 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.56 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (Prayer amended vide order dated 03.01.2022 made in W.M.P.No.2527/2020 in W.P.No.13479/2019) Prayer in WP No.13483 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.

2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.63 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2349/2020 IN WP.13483/2019) Prayer in WP No.13487 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.62 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2530/2020 IN WP.

13487/2019) Prayer in WP No.13489 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.59 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2433/2020 IN WP.

Prayer in WP No.13501 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.79 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2443/2020 IN WP.13501/2019) Prayer in WP No.13513 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.

2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.78 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2533/2020 IN WP.13513/2019) Prayer in WP No.13516 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.65 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2456/2020 IN WP.

13516/2019) Prayer in WP No.13518 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.64 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2536/2020 IN WP.13518/2019) Prayer in WP No.13521 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.

2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.58 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2541/2020 IN WP.

Prayer in WP No.13523 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.60 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2461/2020 IN WP.13523/2019) Prayer in WP No.13524 of 2019 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.

2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioner in House Site No.61 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District. (PRAYER AMENDED VIDE ORDER DT 03.01.2022 MADE IN WMP.2554/2020 IN WP.13524/2019) Prayer in WP No.26313 of 2021 Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other appropriate Writ or Direction or Order calling for the records of the 3rd Respondent in order dt.09.05.2018 of the proceedings in Pa.Mu.3535/2018 A1 dt. 09.05.2018 and quash the same and directing the respondents to deliver the House Site No.15 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District.

For Petitioner :

Mr.R.Vijayan (in all WPs) For R1 to R6 :

Mr.A.M.Ayyadurai Government Advocate (in all WPs) For R7 :

Mr.R.Thirumoorthy (in W.P.Nos.13479,13483,13501,13513, 13516,13518,13521,13523 and 13524/2019 C O M M O N O R D E R These writ petitions have been filed to call for the records of the 3rd respondent in proceedings in Pa.Mu.3535/2018 A1 dated 09.05.2018 and quash the same and direct the respondents not to cancel the patta already given to the petitioners in House Site Nos. 56, 58, 59, 60, 61, 62, 63, 64, 65, 78 and 79 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District and Writ Petition in

W.P.No.26313 of 2021 has been filed to call for the records of the 3rd respondent in proceedings in Pa.Mu.3535/2018 A1 dated 09.05.2018 and quash the same and direct the respondents to deliver the House Site No.15 in S.F.No.367/3 in Kurumpalayam Village, Sathyamangalam Taluk, Erode District to the petitioner.

2. The case of the petitioners is that the petitioners were assigned free house site pattas on 15.08.1996 with the usual terms and conditions. On apprehension of cancellation of allotment of free house site pattas, the petitioners filed writ petitions for Mandamus, directing the respondents not to cancel the patta issued in favour of the petitioners. While pending the writ petitions, the 3rd respondent cancelled the free house site pattas issued in favour of the petitioners and allotted to other beneficiaries. Therefore, the petitioners have filed petitions to amend the prayer, challenging the order of cancellation of free house site pattas dated 09.05.2018 and consequential order of issuance of pattas in favour of other beneficiaries along with additional grounds that before cancellation of free house site pattas, the 3rd respondent did not follow the procedure of cancellation of patta.

3. The learned counsel for the petitioners submitted that all the petitioners were not served any notice and they gave only general notice to the public. As per the conditions, the assignees shall put up construction within a period of 3 years, failing which, the assignment of pattas would be cancelled by the revenue officials. The terms of patta also indicates that after 10 years from the date of issuance of patta, the patta holder become absolute owner and he can alienate the land as a true owner after completion of 10 years period. Therefore, the respondents are not entitled to cancel the patta after a period of 10 years from the date of issuance of free house site pattas. The respondents failed to take any action immediately after completion of 3 years from the date of issuance of free house site pattas viz.

, in the year 1999 and it clearly shows that the respondents either waived their right to resume the assigned land or interfered with the right of the petitioners. After lapse of 20 years of long period, the respondents have no rights to cancel the patta that too without giving any notice or opportunity to explain about the violation of conditions.

4. The 4th respondent filed counter affidavit dated 24.12.2021, revealed that with an aim to uplift the downtrodden and houseless families, the Government is being taken steps to provide shelter by way of issuance of priceless house site patta. Therefore, the land comprised in R.S.No.367/2,3 measuring to an extent of 1.32.50 Hectares of 41-Kurumpapalayam Village, Sathyamangalam Taluk, Erode District, which was classified as 'Reserved Forest' and has been re-classified as 'Natham Poramboke' by the proceedings

dated 21.08.1996 in Na.Ka.No.69053/1996 by the District Revenue Officer, Erode in order to issuance of free house site pattas to the eligible persons. The District Revenue Officer, Erode had selected 98 eligible persons including all the petitioners herein and issued priceless house site patta on 15.08.1996 vide Plot Nos.1 to 98. The vendor of the petitioner in W.P.No.26313 of 2021 was also one of the beneficiaries. There were terms and conditions framed while issuance of patta as prescribed under Revenue Standing Order No.21. Accordingly, the beneficiary shall build up house in the allotted plot within one year from the date of issuance of patta, failing which, the free house site patta would be cancelled.

5. When the 4th respondent made search for issuance of priceless house site pattas to the downtrodden people, found that 98 assignees including the vendor of the petitioner in W.P.No.26313 of 2021 failed to build up any houses in the house site allotted to them. Since one of the conditions was violated viz., failure of the house build in the allotted plot within a period of one year from the date of issuance of free house site patta, the 4th respondent had taken action to cancel the free house site pattas. In this regard, the 4th respondent made publication in the A1-Notice to the public to explain why the house site patta as allotted earlier would not be cancelled due to the non-build of houses by the beneficiaries. Since no one is available in the allotted sites and the 4th respondent could not able to find their residence.

In fact, the general public made statement and there was no objection received from the general public for cancellation of free house site pattas. On recording the statement from the general public, the 4th respondent submitted proposals by his letter dated 27.04.2019 in Na.Ka.No.1209/2018 A4 to the 3rd respondent thereby recommended for cancellation of free house site pattas issued to 98 beneficiaries on the violation of the condition. On receipt of the same, the 3rd respondent inspected the free house site pattas in Plot Nos.1 to 98 comprised in R.S.No.376/2,3 and cancelled the assignment of 98 free house site pattas by an order dated 09.05.2018 in its proceedings in Pa.Mu.No.3535/2018 A1. The 3rd respondent has also ordered the 4th respondent to find out suitable beneficiaries and allot the free house site pattas.

Accordingly, the 4th respondent found 98 new beneficiaries and issued free house site pattas in Plot Nos.1 to 98 by an order dated 05.07.2018.

6. In fact, before allotment of free house site pattas, the 4th respondent issued publication by tom tom and also other mode. No objections had been received from the public, the Member of Parliament and also Member of Legislative Assembly. It is relevant to extract the conditions imposed while issuance of free house site pattas in favour of the petitioners and also vendor of the petitioner in W.P.No.26313 of 2021 as follows:- "(1) That only one house should be built upon the site.

(2) That a thatched / tiled or terraced building of the description and dimension indicated in the accompanying schedule shall be built and competed within a period of one year from the date of 15.08.1996.

(9) If without the previous approval of the Revenue Divisional Officer in writing the land is alienated by way of sale, gift, mortgage or lease of any kind within a period of ten years from the date of the grant, or ceases to be owned by the original grantee or his legal heirs owing to sale by process of law or otherwise for a like period, the grant will be liable to be resumed by the Government who will be entitled to re-enter and take possession of the site without payment of compensation either the period of 10 years mentioned above, the written permission of the Revenue Divisional Officer should be obtained before disposal of the site. This prohibition does not, however, apply to the hypothecation of the site (together with any buildings erected on it) to a Co-operative Society. The prohibition shall not also apply to the bonafide letting of a house pub up by the assignee on the site. The power of resuming the grant and ordering re-entry referred to above will vest in the Revenue Divisional Officer.

(14) The land shall be resumed, if in the opinion of the Government any of the conditions of the grant has been contravened. If any question arises whether there was a contravention of any of the conditions of the grant or not it shall be referred to the Government and their decision shall be final."

7. Accordingly, the beneficiaries shall build houses within a period of one year from the date of issuance of patta viz., 15.08.1996. Admittedly, no house was built up by any beneficiaries and in fact, some of the beneficiaries have sold out their free house sites to other third parties. That apart, the beneficiaries without getting proper approval/permission from the 3rd respondent had sold out their respective free house sites and violated the Condition No.9 as stated supra.

8. After cancellation of free house site pattas, the 4th respondent issued free house site pattas to the new beneficiaries. Now, all the new beneficiaries are in possession and enjoyment of their respective plots. Therefore, this Court finds no illegality or infirmity in the order passed by the 3rd respondent and hence, all the writ petitions are devoid of merits and they are liable to be dismissed.

9. Accordingly, the writ petitions are dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar dm To

1. The Secretary of Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Collectorate Buildings, Sampath Nagar, Erode.

3. The Revenue Divisional Officer, Cutcherry Main Road, Gobichettipalayam.

4. Tahsildar, Taluk Office, Sathyamangalam.

5. The Sub-Inspector of Police, Police Station, Punjai Puliyampatti.

6. The Superintendent of Police, Erode District, Erode.

+1cc to Government Pleader SR. No.641 W.P.No.13479 of 2019 BP (CO) PR (22/02/2022)