K.Aaron Anandhan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos. 32115 of 2022 and 32120 of 2022 K.Aaron Anandhan ... Petitioner in W.P.No.32735 of 2023 K.Kumar ... Petitioner in W.P.No.32737 of 2023 versus 1.The District Collector, O/o.The District Collector, Kanchipuram Town and Taluk, Kanchipuram District - 631 501.

2.The District Revenue Officer, O/o.The District Revenue Office, Collectorate of Kanchipuram, Kanchipuram Town and Taluk, Kanchipuram District - 631 501.

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3.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Sriperumpudhur Town and Taluk, Kanchipuram District - 602 105.

4.The Tahsildar, O/o.The Tahsildar, Kundrathur Town & Taluk, Kanchipuram District - 600 069 5.The Revenue Inspector, O/o.The Revenue Inspector, Serpanancherry Revenue Firka, Kundrathur Taluk, Kanchipuram District - 601 301.

6.The Village Administrative Officer, O/o.The Village Administrative Office, Serpanancherry Revenue Firka, Kundrathur Taluk, Kanchipuram District - 601 301.

7.K.Banu Priya 8.D.Manippura 9.R.Jayapradha 10.M.Subramani 11.S.Kaveri 12.A.Vimala Page Nos.2/11

13.M.Gowsalaya 14.V.Geedha 15.M.Kanaga 16.B.Sowndariya 17.M.Kumari 18.Karuppasamy 19.Ajith 20.J.Uooga 21.J.Jayanthi 22.S.Gowsalya 23.S.Rani 24.S.Roopa 25.G.Jeeva 26.S.Ellappan 27.S.Velanganni 28.K.Anjalakhsmi 29.S.Nanthini 30.S.Sathya 31.S.Latha 32.S.Kumari 33.A.Sathiya 34.K.Ilamali 35.V.Kavidha 36.S.Lakma 37.S.Vengatamma 38.R.Latha 39.S.Jayapradha 40.R.Soundarya 41.B.Vengatesh Page Nos.3/11

42.V.Malliga 43.S.Santhi 44.A.Kanaga 45.V.Padma 46.Vellai 47.Y.Malliga .... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of of Mandamus, directing the respondents 1 to 4 herein to consider the petitioner's last common representation dated 22.10.2022 for issuing Patta on the Petitioner's name in respect of more than 10 decades continuous possession and enjoyment of his housing properties of the lands under the classification of Grama Natham comprising in old survey No.33/1A, and New Survey No.33/14, measuring about total extent of 24913 square feet and measuring about total extent of 28788 sq.ft, respectively in No.

149, Serpananchery Revenue Village and Post, Kundrathur Taluk, Kanchipuram District within the Sub Registration District of SRO, Padappai and Registration District of South Chennai, after cancelling the 41 free assignment housing pattas issued in favour of 7 to 47 respondents herein vide proceedings in Na.Ka.No.2730/2021/A1, dated 08.09.2021 issued by the Tahsildar of Kundrathur Town and Taluk, Kanchipuram District, the fourth respondent herein.

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For Petitioners :

Mr.Dalit Tiger C.Ponnusamy in both W.Ps For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 to R6 in both W.Ps No appearance for R7 to R47 in both W.Ps C O M M O N O R D E R These writ petitions have been filed seeking for issuance of a writ of mandamus, directing respondents 1 to 4 herein to consider the petitioners' common representation dated 22.10.2022, in and by which, they sought for issuance of Patta in the name of the petitioners in respect of the property, which is classified as 'Gramanatham land' in old survey No.33/1A, and New Survey No.33/14 measuring an extent of 24913 sq.ft and measuring an extent of 28788 sq.ft, respectively, in No.149, Serpananchery Revenue Village and Post, Kundrathur Taluk, Kanchipuram District, within the Sub Page Nos.5/11

Registration District of SRO, Padappai and Registration District of South Chennai, after cancelling 41 free assignment housing Pattas issued in favour of 7 to 47 respondents herein vide proceedings in Na.Ka.No.2730/2021/A1, dated 08.09.2021 issued by the Tahsildar, Kundrathur Town and Taluk, Kanchipuram District, the fourth respondent herein.

2. The learned counsel for the petitioners submitted that the subject land is a Gramanatham land. The petitioners' ancestors and the petitioners have been in continuous exclusive possession and enjoyment of the subject property for more than 10 decades. He further submitted that more than twenty families are living in the said property, who are all belong to scheduled caste community. While so, the petitioners and others requested the fourth respondent/Tahsildar to issue Patta in their favour in respect of the subject property. Thereafter, it came to the knowledge of the petitioners that the fourth respondent herein vide proceedings dated 08.09.2021 issued free Page Nos.6/11

assignment housing Pattas in respect of the subject property to 41 beneficiaries/respondents 7 to 47, who belong to Most Backward Community. Therefore, the petitioners gave a representation dated 22.10.2022 to grant Patta in their favour in respect of the subject property by cancelling the free assignment Pattas issued in favour of the respondents 7 to 47 herein. Since there was no response from respondents 1 to 6 till date, the present writ petitions have been filed.

3. The learned Additional Government Pleader appearing for respondents 1 to 6 submitted that the petitioners herein and their brothers have encroached larger extent of Gramanatham land in the said Sepenancherry Revenue Village. Therefore, the authority concerned implemented the Welfare Scheme of the Government and assigned free housing Pattas in favour of 41 beneficiaries/respondents 7 to 47 herein, who belong to Narikuravar community. The petitioners are not entitled for more Page Nos.7/11

than 3 cents for residential purpose. Therefore, these writ petitions are liable to be dismissed.

4. Heard both sides and perused the materials available on record.

5. It is seen that the petitioners have sought Patta for total extent of 24913 sq.ft and 28788 sq.ft, respectively in Gramanatham land. The petitioners themselves admitted that the land in question is classified as Gramanatham land. It is well settled law that Gramanatham land is meant only for dwelling purpose. If the landless poor wants to set up house in the said land, they can utilize maximum up to 3 cents, but not more than that. In the present case, the Government has assigned free housing Pattas to 41 beneficiaries in the said land.

6. Considering the fact that the land in question is classified as Gramanatham land and the same has already been assigned to landless poor/41 beneficiaries and also the fact that only maximum of 3 cents can be Page Nos.8/11

utilized by any individual that too for dwelling purpose, the petitioners are not entitled to get the relief as sought for in these writ petitions.

7. In view of the above, these writ petitions are dismissed. However, the Government is directed to implement the scheme and build houses to those landless poor belonging to Narikurava community, who have been assigned with free house-site Pattas in the Gramanatham land. The Government is directed to expedite the scheme and complete the project within a reasonable time preferably within one year from the date of receipt of a copy of this order.

8. Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs. 29.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page Nos.9/11

To 1.The District Collector, O/o.The District Collector, Kanchipuram Town and Taluk,Kanchipuram District - 631 501. 2.The District Revenue Officer, O/o.The District Revenue Office, Collectorate of Kanchipuram,Kanchipuram Town and Taluk, Kanchipuram District - 631 501.

3.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Sriperumpudhur Town and Taluk,Kanchipuram District - 602 105. 4.The Tahsildar, O/o.The Tahsildar, Kundrathur Town & Taluk, Kanchipuram District - 600 069 5.The Revenue Inspector, O/o.The Revenue Inspector, Serpanancherry Revenue Firka, Kundrathur Taluk,Kanchipuram District - 601 301. 6.The Village Administrative Officer, O/o.The Village Administrative Office, Serpanancherry Revenue Firka,Kundrathur Taluk, Kanchipuram District - 601 301.

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P.VELMURUGAN, J.

ms 29.02.2024 Page Nos.11/11