T.Joseph Newton v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.33962 & 33963 of 2022 T.Joseph Newton ... Petitioner Vs.

1.The District Collector, Vellore District, Vellore.

2.The Tahsildar, Arakkonam, Vellore District, Vellore.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the concerned records relating to the order made in Na. Ka. A1/4328/2020 dated 18.03.2022 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to issue Patta to the petitioner in respect of lands to the extent of 0.92 cents in Survey No. 140/3 of Kizhkuppam Village No. 86 of Arakkonam Taluk, Vellore District. For Petitioner : M/s.Mr.N.Gnansekar For Respondents :

(R1& R2 ) : Mr.C.Jayaprakash, Govt. Advocate.

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O R D E R

The order dated 18.03.2022 passed by the Tahsildar, Arakkonam, rejecting the claim of the writ petitioner for assigning the Government Poramboke land is under challenge in the present writ petition.

2. The petitioner states that he has submitted an application seeking patta in respect of the land belonging to the Government. The petitioner earlier filed W.P.No.24705 of 2014 and this Court directed the authorities to consider the said application and pass orders. Pursuant to the said directions, the impugned order dated 18.03.2022 has been passed by the Tahsildar.

3. The Tahsildar in the order impugned states that the subject land is classified as Government Poramboke and the petitioner is not in occupation of the said land. That apart, the petitioner / Mr.T.Joseph Newton, son of Mr.K.S.Thomas is not a poor person and therefore, he is not eligible for grant of free patta under the Government Welfare scheme.

4. For the past about seven years, the petitioner is not in position or 2/5

enjoyment of the said Government Poramboke land and therefore, the claim of the writ petitioner for grant of patta cannot be considered. Free patta is to be granted only to the eligible poor people and the Tahsildar made a finding that the petitioner is not falling under the said category and therefore, is not eligible.

5. Free patta cannot be claimed as an absolute right. Eligible persons may submit an application and the authorities competent are bound to consider the cases based on the terms and conditions stipulated under the Scheme. There cannot be any discrimination in the matter of grant of free patta in respect of the Government Poramboke lands.

6. In the present case, the authorities have considered the case of the petitioner and found that the petitioner is not eligible for grant of free patta. More so, it is stated that the subject land is required for expansion of State Highways. Therefore, the petitioner has not established even semblance of legal right for the purpose of considering the relief. 3/5

7. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (sha) 18.07.2023 Index : Yes Speaking Order To 1.The District Collector, Vellore District, Vellore.

2.The Tahsildar, Arakkonam, Vellore District, Vellore.

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S.M.SUBRAMANIAM . J., (sha) and W.M.P.Nos.33962 & 33963 of 2022 18.07.2023 5/5