A. Jayalakshmi v. The Speical District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.10.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.26410, 26411, 26413 and 26642 of 2022 A.Jayalakshmi ..Petitioner in W.P.No.26410/2022 Duraisamy ..Petitioner in W.P.No.26411/2022 P.Ramalingam ..Petitioner in W.P.No.26413/2022 Amsaveni ..Petitioner in W.P.No.26642/2022 Vs.
The Special District Revenue Officer, (Land Acquisition) Hosur Sipcot Industrial Centre Sipcot Division III, IV and Guruparapalli H.I.G No.39, Krishnagiri 635002 Krishnagiri District.
...Respondents in all petitions
Common Prayer:Writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus Directing the respondent to consider and pass appropriate orders on the representation of the petitioners dated 02.08.2022 seeking compensation for the acquisition of the land measuring 1.50 acres, 3 acres, 1.50 acres, 1 acre respectively in S. No. 16 / 1B2A, Guruparapalli village, Hosur Taluk, Krishnagiri District, which is in their possession and cultivation within the time that may be fixed by this court.
For Petitioners in all petitions : Mr.P.Mani
For Respondent in all petitions : Mr.U.Baranidharan Additional Government Pleader COMMON ORDER These petitions have been filed for issuance of writ of Mandamus directing the respondent to consider and pass appropriate orders on the representation of the petitioners dated 02.08.2022 seeking compensation for the acquisition of the land.
2. The case of the petitioners is that they have been in possession and cultivation of various extent of land comprised in S.F.No.16/1B2A, Guruparapalli Village, Hosur Taluk, Krishnagir District and the said land formed part of the larger extent of 200 acres, originally classified as Government Poromboke land. While so, suppressing the possession and enjoyment of the petitioners, one Thirupathi Gounder had illegally obtained patta with respect to the entire extent of 200 acres. Therefore, the petitioners have approached the revenue authorities to issue patta in their names considering their long possession and while the patta proceedings were pending before the revenue authorities, the District
Collector, Krishnagiri, proposed to acquire the said lands for establishment of SIPCOT and hence few persons submitted representations to the Special Tahsildar, objecting to the acquisition and seeking fair compensation and since no action was taken, had filed W.P.Nos.29959 to 29962 of 2016 to issue directions to the respondent therein to consider the petitioner's representation and this Court vide order dated 07.09.2021, directed the respondent therein to consider the said representation and thereafter, the respondent herein passed orders granting compensation to the said persons. It is alleged by the petitioners that they are also similarly placed persons like that of the petitioners in W.P.Nos.29959 to 29962/2016 and submitted similar representations to the District Collector as well as to the respondent herein requesting them to pay compensation and since no order was passed, they are constrained to approach this Court by filing these writ petitions.
3. The learned counsel appearing for the petitioner submitted that though in the past three decades, the respondent not issued any patta in
favour of the petitioners, the possession was conferred by the Village Administrative Officer by issuing Possession Certificate in favour of the petitioners and further the learned counsel submitted that it would suffice if this Court issues direction to the respondent to consider the petitioners representation dated 02.08.2022 and pass orders on the same within a particular time frame fixed by this Court.
4. This Court has perused the materials available on record and is of the considered view that the petitioners have not possessed any valid title over the property and further petitioners claim that they are in possession and enjoyment for more than three decades, however they are not able to obtain any assignment order from the Government. Further no statute authorizes the VAO to issue the Possession Certificate. In the absence of any ownership over the land through proper title, the petitioners are not entitled to receive any compensation from the Government, since the land is originally classified as 'Government Poromboke land'.
5. In view of the above, the relief sought for by the petitioners cannot be granted and accordingly, these Writ Petitions are dismissed. However liberty is granted to the petitioners to workout the remedy in the manner known to law. No costs.
10.10.2022 sk To The Special District Revenue Officer, (Land Acquisition) Hosur Sipcot Industrial Centre Sipcot Division III, IV and Guruparapalli H.I.G No.39, Krishnagiri 635002 Krishnagiri District.
M.DHANDAPANI.,J.
Sk W.P.Nos.26410, 26411, 26413 and 26642 of 2022 10.10.2022