R.Duraisamy v. The Secretary To Government

WP.30390/2015 and WP.21552/2016 and WMP.18431/2016 N.KIRUBAKARAN, J.

The issue, in this case, is with regard to the lands regarding which 92 pattas were already issued to the petitioners as landless poor. Though the pattas were issued in the year, 1995, many proceedings were initiated by the land owners questioning the acquisition and the beneficiaries have also filed the writ petition seeking electricity connection.

2. Though the Government would submit that the beneficiaries have been allotted alternate site and 50 pattas are ready, this Court wanted to verify as to whether pattas are ready for the rest of the patta holders.

3. When the matter is called today, it is agreed by both the parties that apart from 50 pattas, 17 pattas (Alampalayam village), are also ready, which place, the petitioners have also agreed to accept.

4.

Two patta holders are employed as Government staff and therefore, they are ineligible. About 16 pattadharars have already obtained pattas in the name of

their spouse and therefore, they are also not entitled to get another land. This fact is agreed by both the parties and there is no dispute with regard to this.

5. The learned counsel for the beneficiaries would submit that, as far as 50 pattadharars are concerned, with regard to whom pattas have to be issued, the land allotted is full of pits and it is not suitable for putting up superstructure. This Court has also seen the photographs and the photographs would also establish that the land is uneven and full of pits and bushes. It may not be appropriate to expect the landless poor people to level the property and put up construction and therefore, the respondents are directed to level out the land and make it suitable as plots, so as to enable the beneficiaries to put up superstructures.

6.

The learned Special Government Pleader is also directed to get instructions, as to whether any scheme is available for providing funds for construction for the landless poor, so that they can be benefitted under the scheme. In this regard, Mr.V.Jayaprakash Narayanan, learned counsel for the respondent, seeks time of two weeks. The petitioners are also directed to file an affidavit stating

that they are ready to accept the present place and they will take possession after the leveling of the field and handing over possession after issuance of patta. 19.06.2017 sai/kak

N.KIRUBAKARAN, J.

sai/kak WP.30390/2015 and WP.21552/2016 19.06.2017

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