S.Chandrasekaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Chandrasekaran
...Petitioner in W.P.No.13045 of 2023
K.Raman
...Petitioner in W.P.No.13048 of 2023
N.Ravindran
...Petitioner in W.P.No.13049 of 2023
Vs.
1.The District Collector, Office of the District Collector, Nagapattinam.
2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Nagapattinam.
3.The Tashildar, Taluk Office, Nagapattinam.
4.The President, Eluppur Panchayat Office, Keezhvelur Taluk, Nagapattinam District. ..Respondents in all W.Ps Common Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st to 3rd respondents to consider the petitioner's representation dated 27.03.2023 and consequently 1/6
direct the respondents not to allot free housing patta to the land comprised in Survey No.22/21B admeasuring 50 cents situated in Eluppur Village, Keezhvelur Taluk, Nagapattinam District.
For Petitioners : Mr.T. Ananthasekar (in all W.Ps) For R1 to R3 : Mr.Abishek Murthy Government Advocate (in all W.Ps) For R4 : Mr.A.Anandan Government Advocate (in all W.Ps) COMMON ORDER The issues involved in all the three writ petitions are one and the same and hence all the three writ petitions are disposed of by this common order.
2. The relief sought for in all the three writ petitions are for a direction to direct the respondents 1 to 3 to consider the representation submitted by the petitioners on 27.03.2023 and consequently to direct the respondents not to allot free housing patta to the land comprised in Survey No.22/21B admeasuring 50 cents situated in Eluppur Village, Keezhvelur Taluk, Nagapattinam District.
2/6
3. The petitioners state that they are Farmers and cultivating their own lands to an extent of 2 acres at Eluppur Village, Keezhvelur Taluk, Nagapattinam District. Adjacent land comprised in Survey No.22/21B admeasuring 50 cents is classified as 'Government Land'.
4. The learned counsel for the petitioners state that in the said Government land, the petitioners are performing the activities of crushing and therefore, the authorities must be prevented from allotting the said land in favour of poor people by granting patta. In other words, the petitioners state that the said Government land cannot be allotted or assigned to any other person, since it is being utilized for crushing purpose.
5. Admittedly, the subject land is classified as 'Government Poromboke land'. That being the case, the Government is empowered to deal with the subject land, more so, for assigning the land to the poor homeless people under the Government scheme if any in force. Schemes are to be implemented strictly in accordance with the terms and conditions stipulated and without causing any discrimination amongst the eligible persons, who have submitted applications.
3/6
6. As far as the petitioners are concerned, the subject land is classified as 'Government Poromboke land' and more so, the petitioners themselves are illegally using the Government land for crushing purposes. Thus, the petitioners have no right to seek any relief before any authority and considering the representations in the present cases would do no service to the cause of justice.
7. Therefore, the petitioners are not entitled for the relief, since the petitioners have not established even a semblance of legal right or cause.
8. Accordingly, all the three writ petitions stand dismissed. No costs. 28.04.2023 Index : Yes Speaking order kak 4/6
To 1.The District Collector, Office of the District Collector, Nagapattinam.
2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Nagapattinam.
3.The Tashildar, Taluk Office, Nagapattinam.
4.The President, Eluppur Panchayat Office, Keezhvelur Taluk, Nagapattinam District.
5/6
S.M.SUBRAMANIAM, J.
kak 28.04.2023 6/6