Writ petition challenging allotment of Poromboke land to specific beneficiaries. Court found no malafide intention or unilateral action to dismiss the petition but directed benefits for freedom fighters.
Directing the District Collector to grant other benefits to 21 freedom fighters for which they are entitled to.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.323 of 2015 1.P.Manickavasagam 2.C.Nallu ...Petitioners Vs. 1.The District Collector, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai.
3.The Deputy Tahsildar, Office of the Collectorate, Madurai.
4.The Revenue Officer, Chatrapatti, Madurai.
5.Rameswari 6.Andal ...Respondents (R-5 and R-6 are impleaded vide court order dated 02.11.16 in W.M.P.(MD).No.12824/2016)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to take stringent action against the 2nd respondent for passing the order dated 30.08.2014 in proceedings Na.Ka.No.13713/13/AA1 in the names of non-existent persons in respect of the property comprised in S.No.15/2, Manjampatti Village, Madurai District classified as Natham Poromboke in connivance with respondents 3 and 4 and consequently direct him to allot the same to landless poor on the basis of the representation dated 07.07.2014, 30.07.2014.
For Petitioners : Mr.R.G.Shankar Ganesh For Respondents : Mr.R.Anandharaj Government Advocate
for RR-1 to 4
Mr.P.Arun Jayatram for RR-5 & 6
https://hcservices.ecourts.gov.in/hcservices/ Mr.P.Mahendran
intervenor for freedom fighters
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ORDER
The petitioners have filed this Writ Petition for directing the first respondent/District Collector, Madurai to take stringent action against the second respondent/Tahsildar, for passing the order dated 30.08.2014 in proceedings Na.Ka.No.13713/13/AA1 in the names of non-existent persons in respect of the property comprised in S.No.15/2, Manjampatti Village, Madurai District classified as Natham Poromboke in connivance with respondents 3 and 4 and consequently direct him to allot the same to landless poor on the basis of the representation dated 07.07.2014 & 30.07.2014.
2.According to the petitioners, they are the residents of Chatrapatti Village and an extent of 4.50 acres of Sy.No.15/2 in Manjampatti Village is classified as Natham Poromboke in Government records and the Government has decided to allot two cents of land each to 21 freedom fighters. Now, in respect of the remaining lands, patta has been granted in favour 100 persons by the second respondent and according to the petitioner, those 100 persons in whose favour patta was granted are not the persons residing in the village. They have given a false affidavit and obtained patta. The second respondent has also misused his power and granted patta. In the above circumstances, the petitioner wants the first respondent to take action against the second respondent.
3.Today, the second respondent filed a status report stating that the above pattas have been granted to 60 encroachers, who have earlier encroached the water body in Thiruppalai Village, as alternative site, in Sy.No.68/2 of Manjampatti Village, pursuant to the order passed by this Court in W.P.(MD).No.1228 of 2008 and the petitioners herein try to keep the above said water body under their control and thereby prevent the other eligible persons from occupying the lands assigned to them. The petitioners earlier filed a Public Interest Litigation before this Court and subsequently, the same was dismissed as withdrawn. Originally, the land in question was classified as 'un-assessed waste', subsequently, the District Collector, Madurai, by way of a proceedings dated 09.12.2011, changed the classification of the said land to 'Natham' for the purpose of granting assignment to house-less poor people. 40 families have constructed houses in the plots assigned to them in S.No.15/2, Manjampatti Village and in the event of any violation of any order of assignment, the respondent would take steps to cancel the assignment.
4.Heard the submissions made on either side and perused the material documents carefully.
5.As per the counter filed by the second respondent, house https://hcservices.ecourts.gov.in/hcservices/ sites have been granted by the second respondent only based on the order passed by the first respondent dated 09.12.2011.
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6.Considering the above facts and circumstances of the case, it is seen that it is not an unilateral order passed by the second respondent. Apart from that, there is no substantial allegations against the second respondent that the second respondent was acting with malafide intention. In the above circumstances, this Court is of the view that there is no merit in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.
7.At this stage, Mr.P.Mahendran, learned counsel appearing for the freedom fighters submitted that 21 freedom fighters were also allotted house sites in Sy.No.15/2 in Manjampatti Village, Madurai District and in view of the pendency of the writ petition, the District Collector, Madurai has not granted any aid to the freedom fighters.
8.In view of the above submission made by the learned counsel appearing for the freedom fighters, even though this writ petition is dismissed, this Court directs the District Collector, Madurai to grant other benefits to those 21 freedom fighters, for which they are entitled to.
Sd/-
Deputy Registrar(Lok Adalat)
/True Copy/
Sub Assistant Registrar(CS )
To
1.The District Collector, Madurai.
2.The Tahsildar, Madurai North Taluk, Madurai.
4.The Revenue Officer, Chatrapatti, Madurai.
+1cc to Mr.P.Arun Jayatram, Advocate in SR.No.71206 1cc to Mr.P.Mahendran, Advocate in SR.No.71195 1cc to Mr.R.G.Shankar Ganesh, Advocate in SR.No.71562 1cc to the Special Government Pleader in SR.No.71644
W.P(MD)No.323 of 2015
22.11.2016
vs
PBK/PV/27.12.2016::P4-C9: https://hcservices.ecourts.gov.in/hcservices/
2 issues framed by the court
Whether the District Collector should take stringent action against the Tahsildar for granting pattas to allegedly non-existent persons in respect of Natham Poromboke land.
Whether the writ petition praying for directions to revoke assignments and allot land to the landless poor has any merit.
1 provisions across 1 enactments
P.Manickavasagam
C.Nallu
The District Collector, Madurai
The Tahsildar, Madurai North Taluk, Madurai
The Deputy Tahsildar, Office of the Collectorate, Madurai
The Revenue Officer, Chatrapatti, Madurai
V.Bharthidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
