Madras High CourtWP/28988/2018disposed of

P.Bakkiam v. The Additional Chief Secretary-Cum- Commissioner Of Land Administration

2020-03-16Honourable Mr Justice N. Anand Venkatesh9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.28988, 28993, 28995, 28996, 29006, 29008, 29011, 28998, 29020, 29015, 29133, 29190, 29193, 29158, 29175, 29177, 29184, 29186, 29195, 29197, 29199 and 33320 of 2018 P.Bakkiam

...Petitioner in W.P.No.28988 of 2018

P.Muniappan

...Petitioner in W.P.No.28993 of 2018

P.Venkatachalam

...Petitioner in W.P.No.28995 of 2018

A.Selvam

...Petitioner in W.P.No.28996 of 2018

M.Mallesh @ Mallesan

...Petitioner in W.P.No.29006 of 2018

K.Madaiyan

...Petitioner in W.P.No.29008 of 2018

A.Nallaperumal

...Petitioner in W.P.No.29011 of 2018

A.Alamelu

...Petitioner in W.P.No.28998 of 2018

K.Murugesan

...Petitioner in W.P.No.29020 of 2018

A.Ramasamy

...Petitioner in W.P.No.29015 of 2018

A.Kulaindavelu

...Petitioner in W.P.No.29133 of 2018

R.Balamurugan

...Petitioner in W.P.No.29190 of 2018

N.Veeramma

...Petitioner in W.P.No.29193 of 2018

Nachia @ Nachiammal

...Petitioner in W.P.No.29158 of 2018

R.Periyannan

...Petitioner in W.P.No.29175 of 2018

V.Sumathi

...Petitioner in W.P.No.29177 of 2018

P.Arulmani

...Petitioner in W.P.No.29184 of 2018

A.Govindaraj

...Petitioner in W.P.No.29186 of 2018

V.Ramachandran

...Petitioner in W.P.No.29195 of 2018

R.Vaiyapuri

...Petitioner in W.P.No.29197 of 2018

M.Dhanam

...Petitioner in W.P.No.29199 of 2018

V.Palani @ Palaniappan

...Petitioner in W.P.No.33320 of 2018

1. The Additional Chief Secrerary- cum-Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Revenue Officer, Collector Office, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Hosur, Krishnagiri District.

4. The Tahsildar, Denkanikottai Taluk Office, Krishnagiri District.

5. The Forest Settlement Officer, Krishnagiri, Krishnagiri District.

6. The District Forest Officer, Hosur.

...Respondents in all W.Ps

[This Court suo motu impleads the District Forest Officer, Hosur, as 6th respondent in all the writ petitions, dated 16.03.2020.] COMMON PRAYER:

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 2 to 4 to consider the petitioner's representation dated 20.08.2018 on the basis of the proceedings No.96 of 2006 dated 04.05.2007 passed by the 5th respondent for issue of Patta in respect of house and land measuring an extent of 3 Acres comprised in Survey No.54/1 situated at Nallur Village, Denkanikottai Taluk, Krishnagiri District and issue patta to the petitioner, within the time stipulated by this Court.

For Petitioners:

Mr.R.Bharathkumar (in All WP's) For Respondents:

Mr.E.Balamurugan in 1 to 4 Mr.S.N.Parthasarathi Mr.J.Purushothaman Mr.P.Senthil Vel Mr.K.Paraneeswaran Mr.A.Arul Doss M/s.Annai Ezil Mr.G.Rajesh Mr.Perumal (Special Government Pleader) For Respondents:

Mr.S.V.Vijaya Prasanth in 5 & 6 Special Government Pleader COMMON ORDER This Court suo motu impleads the District Forest Officer, Hosur, as 6th respondent in all the writ petitions. 2.

I have heard Mr.R.Bharath Kumar, learned counsel for the petitioners, Mr.E.Balamurugan, learned Special Government Pleader appearing for respondents to and Mr.S.V.Vijayaprasath, learned Special Government Pleader for the 5th & 6th respondents.

The petitioners seek a direction to respondents 2 to 4 to consider their representations dated 20.08.2018 for the issue of patta in respect of the land comprised in various parts of certain survey number such as S.Nos.54/1, situate at Nallur Village, Denkanikottai Taluk, Krishnagiri District within the time to be stipulated by this Court pursuant to proceedings No.96/2006 dated 04.05.2007 passed by the fifth respondent. 4.

The petitioners' claim rests upon the proceedings of the fifth respondent dated 04.05.2007. The said proceedings came

to be issued by considering the claim of various persons, who are engaged in agricultural activities by planting various types of crops, constructing houses and obtaining electricity connection. They sought for exemption of the land encroached by them from the rigor of the provisions of the Forest Act so as to enable them to continue to remain in possession and also seek for the grant of patta.

It appears that totally about 52 families have approached the District Collector, Krishnagiri District and the Tahsildar, Denkanikottai for issue of pattas for their house as well as the land in their occupation by recognizing their long and continuous occupation of the lands. The fifth respondent, in the order dated 04.05.2007, found that they were in possession of the property for over 50 years and that they have been cultivating various types of crops in the property, that they constructed houses and dug well for irrigation and other purposes and that their houses have also been granted electricity service connection. Thus, taking into consideration the long occupation of lands, the fifth respondent granted exemption of classification of the land as 'forest' under the provisions of the Forest Act. The operative portion of the order dated 04.05.2007 reads as follows :

6. In the aforementioned oder, the fifth respondent also recommended for grant of patta. Thereafter, the petitioners sent representations to respondents 1 to 4. Since no action had been taken on the representations, the petitioners are before this Court.

7. In the considered view of this Court, no positive direction can be granted at this juncture by directing respondents 1 to 4 to grant patta to the petitioners. However, taking into consideration the order passed by the fifth respondent dated 04.05.2007 wherein there is a recommendation for grant of patta, this Court is inclined to issue appropriate directions to the second respondent to consider the matter.

8. In the light of the above, the writ petitions are disposed of with a direction to the second respondent to consider the petitioners' representations dated 20.08.2018, cause appropriate verification from the fifth respondent, issue notice to a few of the petitioners, who will be heard in the representative capacity on behalf of themselves and other petitioners and after taking note of the factual and legal position, the second respondent is directed to consider and pass appropriate orders on merits and in accordance with law. In order to ensure effective compliance of this direction, the petitioners are directed to send fresh copies of their representations dated 20.08.2018 along with a copy of this order to the second respondent for necessary action. The above direction shall be complied with by the second respondent within a period of three months from the date, on which the copies of the representations are received. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr