Veerappan .M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) No.14099 of 2023 1.M.Veerappan 2.M.Pichaiammal 3.S.Mariyappan 4.M.Periyasamy 5.S.Mahalingam 6.I.Seeniyammal 7.T.Ramasundaram 8.M.Vellaichamy 9.A.Ramalazhu 10.S.Kovilkannu 11.G.Gurusamy 12.N.Palsamy 13.V.Palsamy 14.K.Sundaram ... Petitioners

-vs1.The District Collector O/o.District Collector Virudhunagar Virudhunagar District 2.The District Revenue Officer O/o.District Revenue Officer Virudhunagar Virudhunagar District 3.The Revenue Divisional Officer Revenue Divisional Office Sivakasi, Virudhunagar District 4.Grizzled Squirrel Wildlife Sanctuary rep.by its Wildlife Warden Madurai Road Pillaiyarnatham Post Srivilliputhur-626 101 5.District Forest Officer Virudhunagar District Social Forestry Division District Collector Office Campus Virudhunagar-626 002 6.The Tasildar O/o.Tasildar Rajapalayam Taluk Virudhunagar District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned order in memo No.O.MU.AA 5/5370/2023, dated 15.06.2023, on

the file of the sixth respondent and quash the same as illegal and consequently forbear the respondents from forcibly evicting, destroying standing trees and interfering with peaceful possession without following due process of law from the land in possession of the petitioners in an extent of 1 Acre 60 Cents for each person situated in Survey No.1083/2B-1 located in Ayankollan Kondan Revenue Village, Rajapalayam Taluk, Virudhunagar District and consequently directing the respondent to consider the petitioner's representation dated 12.06.2023 and 22.06.2023 for grant of Patta. For Petitioner :

Mr.T.Lajapathi Roy, Senior Counsel assisted by Mr.S.Lenin Prabu For Respondents :

Mr.M.Lingadurai Special Government Pleader

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Mr.M.Lingadurai, learned Special Government Pleader, takes notice for the respondents.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Prayer in this writ petition is to quash the order, dated 15.06.2023, passed by the sixth respondent and to forbear the respondents from forcibly evicting the petitioners from the land, measuring an extent of 1 Acre 60 Cents, comprised in Survey No.1083/2B-1 of Ayankollan Kondan Revenue Village, Rajapalayam Taluk, Virudhunagar District, without following due process of law, destroying the standing trees therein and interfering with their peaceful possession of the land and also to direct the respondents to consider the petitioners' representations dated 12.06.2023 and 22.06.2023 for grant of Patta.

4. It appears that by the impugned order dated 15.06.2023, the petitioners' representation for assignment of land in Survey No.1083/2B1 of Ayankollan Kondan Revenue Village, Rajapalayam Taluk, Virudhunagar District, was turned down, on the ground that the said land, which is classified as "Sarkar Poramboke" is required for a public purpose, namely, establishment of an Industrial Park by SIDCO.

5. The apprehension of the petitioners is that the subject land cannot be used for such public purpose, without following several mandatory

procedures, as the entire land comes within the area identified as "Srivilliputhur Megamalai Tiger Reserve".

6. This Court in the present writ petition need not consider as to how the subject land is going to be used. Further, this Court finds no material or any right in favour of the petitioners to seek assignment of a Government land, merely because they are in possession of the same for a long number of years. Therefore, the petitioners are not entitled to the relief sought for. However, the possession of the petitioners cannot be disturbed or interfered with, otherwise than due process of law.

7. With the above observations, this writ petition is disposed of. Needless to state that this order will not stand in the way of the Government deciding in favour of the petitioners to implement any scheme, like, organic farming. No costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [D.B.C., J.] 13.07.2023 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, O/o.District Collector, Virudhunagar, Virudhunagar District.

2.The District Revenue Officer, O/o.District Revenue Officer, Virudhunagar, Virudhunagar District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, Virudhunagar District.

4.Grizzled Squirrel Wildlife Sanctuary, rep.by its Wildlife Warden, Madurai Road, Pillaiyarnatham Post, Srivilliputhur-626 101.

5.District Forest Officer, Virudhunagar District, Social Forestry Division, District Collector Office Campus, Virudhunagar-626 002.

6.The Tasildar, O/o.Tasildar, Rajapalayam Taluk, Virudhunagar District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk and W.M.P.(MD) No.14099 of 2023 13.07.2023 (2/2)