Rajaraman v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.635 to 638 of 2015 1 Rajaraman 2 Mannar 3 Devadas 4 Ravi 5 Arumugam 6 Settu 7 Palani 8 Thangammal 9 Gopal Mandiri 10 Subramani 11 Perumal 12 Veeran 13 Kasthuri 14 Udhayakumar 15 Muthukannu 16 Meera 17 Saroja 18 Pandurangan 19 Pottiammal 20 Munusamy 21 Duraisamy 22 Jawaharbabu 23 Krishnan 24 Visvanathan 25 Sundarasun 26 Geetharani 27 Ranganathan 28 Rajendran 29 P.Velu 30 Venkatesan 31 Varadhan 32 Indrani 33 Meeramohan 34 Murugesan 35 Chandran 36 Mannu 37 Krishnaveni 38 Chinnammal 39 Kuppan 40 Gnanasekaran ... Petitioners in W.P.No.635 of 2015
1 V.Maheshwaran 2 Amaravathi 3 Dhanasekaran 4 T.Rajaraman 5 C.Bhathrajalu 6 V.Kaliammal 7 K.Karpagam 8 R.Kumari 9 M.Ramu 10 D.Sakunthala 11 S.Mallika 12 L.Gunasundarui 13 Nagarathinam 14 R.Kohila 15 Jagada 16 Karunakaran 17 S.Sriram 18 M.Amaravathi 19 S.Parameshwari 20 V.Velayudham 21 Munniammal 22 A.Krishnaveni ... Petitioners in W.P.No.636 of 2015 1 Ramesh 2 Sampath 3 Saroja 4 Dinakaran 5 Gopal 6 Gopi 7 Selvaraj 8 Pachaiyappan 9 Venniladevi 10 Kuppammal 11 Anbazhagam 12 Kasturi 13 Munusamy 14 Velu ... Petitioners in W.P.No.637 of 2015 1 Jothi 2 Rukmani 3 Selvarani 4 Kumaravel 5 Kanagasabai 6 Ramesh 7 Jayabharathy 8 Santhosh Kumar 9 Subashini 10 Shree Jawahar 11 Vijayakumar
12 Muruhammal 13 Krishanan ... Petitioners in W.P.No.638 of 2015 Vs.
1 The Secretary to Government Co-operation, Food and Consumer Protection Department Fort St. George Chennai - 600 009 2 The Secretary to Government Revenue Department Fort St. George Chennai - 600 009 3 The Special Commissioner and Commissioner for Land Administration Ezhilagam, Chepauk, Chennai - 600 005 4 The Registrar (Co-operative Societies) 170, E.V.R.High Road Kilpauk, Chennai - 600 010 5 The Joint Registrar (Co-operative Societies) Tiruvannamalai - 606 601 6 The District Collector Tiruvannamalai District Tiruvannamalai - 606 601 7 The District Revenue Officer Tiruvannamalai District Tiruvannamalai - 606 601 8 The Revenue Divisional Officer Cheyyar Revenue Division Cheyyar - 604 407 Tiruvannamalai District.
9 The District Collector Vellore - 632 001 10 The District Revenue Officer Vellore - 632 001.
11 The Revenue Divisional Officer Ranipet Revenue Division Ranipet Vellore District
12 The Special Officer Rantham Durairaj Nagar Land Development Society Rantham ... Respondents in all W.Ps.
Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Special Commissioner and Commissioner for Land Administration, Ezhilagam, Chepauk, Chennai-600 005, the third respondent herein to consider the representation of the petitioners dated 25.10.2014 with regard to issue patta individually in the name of the petitioners.
For Petitioners : Mr.A.V.Arun For Respondents : Mr.R.Govindasamy Special Government Pleader C O M M O N O R D E R By consent, all the writ petitions are taken up together for final disposal.
2.The twelfth respondent society was formed with an object of improving the standard of living of the persons doing agricultural operations vide G.O.Ms.No.4725 (Industrial Department), dated 09.10.1958 and as per the said Government Order, the Government had allotted 694 acres of land to the twelfth respondent society, out of which, an extent of 499.30 acres of land was allotted and granted patta in the name of the President of the society. Out of the above said 499.30 acres of land, only an extent of 313.18 acres in Chennasamudram Village, Arcot Taluk, 107.78 acres of land in Rantham Village, Cheyyar Taluk were allotted for agricultural purposes to the members of the society and apart from that, an extent of 78.34 acres lying in the Rantham Village, Cheyyar Taluk was allotted for housesite pattas for the members of the society. In respect of persons carrying on agricultural operations, 5 acres of land were given and in respect of house-site, 12 cents of house-site were given to each individual.
3.Sometime thereafter, the Government took a decision to wind up the twelfth respondent society and accordingly, wound up the same vide G.O.No.111, Co-operative Department, dated 17.06.2008 and as per the said Government Order, lands allotted to the said society have to be surrendered to the Revenue Department and the Co-operative Department has returned the
lands to the Revenue Department only during the year 2010. 4.The grievance expressed by the petitioners is that though each of them have been granted 5 acres of agricultural lands and 12 cents of house-sites respectively, pattas have not been given to them in their favour and it remain to stand in the name of the society and the society itself came to be wound up and therefore, they were constrained to approach this Court. 5.
The tenth respondent has filed counter stating among other things that after the winding up of the society, the process of taking survey analysis, the correct extent of lands allotted and enjoyment of the same with registered members have been carried out by the Tahsildar, Arcot and further process also takes place and it may take some time so as to enable the official respondents to grant individual pattas to the members of the society. It is also the stand of the tenth respondent that after the society was wound up, some extent of lands are under the direct cultivation of 63 members, 15 legal heirs of the deceased members, 14 occupants on the strength of unregistered documents and there are 7 encroachers and therefore, time is sought for to expedite and complete the process. 6.Heard the submissions of Mr.A.V.
Arun, learned counsel appearing for the petitioners and Mr.R.Govindasamy, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
7.This Court taking into consideration, the above facts and circumstances and especially, the stand taken by the tenth respondent, directs the respondents 8 and 11 to complete the exercise of identification and issuance of pattas to the eligible members of the twelfth respondent society, in accordance with law, within a period of six months from the date of receipt of a copy of this order and communicate the decision taken, to the concerned individuals.
8.The writ petitions are disposed of accordingly. No costs. pri Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1 The Secretary to Government Co-operation, Food and Consumer Protection Department Fort St. George Chennai - 600 009 2 The Secretary to Government Revenue Department Fort St. George Chennai - 600 009 3 The Special Commissioner and Commissioner for Land Administration Ezhilagam, Chepauk, Chennai - 600 005 4 The Registrar (Co-operative Societies) 170, E.V.R.High Road Kilpauk, Chennai - 600 010 5 The Joint Registrar (Co-operative Societies) Tiruvannamalai - 606 601 6 The District Collector Tiruvannamalai District Tiruvannamalai - 606 601 7 The District Revenue Officer Tiruvannamalai District Tiruvannamalai - 606 601 8 The Revenue Divisional Officer Cheyyar Revenue Division Cheyyar - 604 407 Tiruvannamalai District.
9 The District Collector Vellore - 632 001 10 The District Revenue Officer Vellore - 632 001.
11 The Revenue Divisional Officer Ranipet Revenue Division Ranipet Vellore District
12 The Special Officer Rantham Durairaj Nagar Land Development Society Rantham + 4 ccs to Mr.A.V.ARUN, ADVOCATE SR NOS.36033 TO 36036 KR/12/7/16 W.P.Nos.635 to 638 of 2015