Dismissed¶78

Vahitha v. the State of Tamilnadu

Madras HC1 Sept 2025WA/2982/2021

Case brief

AI extract

What is this about?

Free house site patta; concession not absolute right; Revenue Standing Order 21; 3 cents maximum free assignment; natham lands dwelling purposes only; encroachment on Government land hilly area Nilgiris; eligibility criteria welfare scheme; authorities found appellants owning other properties; judicial review cannot direct grant of patta; land belongs to Uthagamandalam Municipality; Tahsildar Uthagamandalam proceedings 13.08.2018; W.P.No.29582 of 2018 order dated 29.06.2021 confirmed; writ appeal dismissed no costs.

What did the court decide?

None; the writ appeal was dismissed with no costs and the connected miscellaneous petitions, if any, were closed, the Writ Court's order being confirmed. ¶78

Vahitha Vs the State of Tamilnadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ appeal was dismissed with no costs and the connected miscellaneous petitions, if any, were closed, the Writ Court's order being confirmed.

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Issue for consideration

Whether the order of the Writ Court in W.P.No.29582 of 2018 dated 29.06.2021 rejecting the claim for free house site patta should be set aside. +2 more

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Court's answer

There is no infirmity in the order impugned; the writ order in W.P.No.29582 of 2018 dated 29.06.2021 is confirmed, the writ appeal stands dismissed, with no costs, and the connected miscellaneous petitions, if any, are closed.

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Ratio / Principle

Free house site patta can never be claimed as an absolute right; it is a concession granted by the Government to the landless poor people based on the eligibility criteria fixed under the welfare scheme.

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Key takeaways

The Courts cannot expand the scope of the scheme for the purpose of grant of free house site patta; the eligibility criteria is to be ascertained by the authorities competent.ratio¶44
On the facts, the appellants encroached upon Government land in a hilly area where lands are scarce, and during the course of enquiry the authorities found that they are owning other properties and are therefore ineligible to apply for free house site patta under Government welfare schemes.ratio¶52
Once the authorities find that the persons are ineligible under the scheme, the Court cannot direct the authorities to grant a free house site patta.

Detailed headnote1 paragraphs

Madras High Court (Division Bench of S.M. Subramaniam and C. Saravanan JJ.; order made by S.M. Subramaniam J.) dismisses WA No. 2982 of 2021 and confirms the Writ Court's order in W.P.No.29582 of 2018 dated 29.06.2021. Held: free house site patta is a concession granted to the landless poor under the eligibility criteria of the welfare scheme, not an absolute right; Courts cannot expand the scope of the scheme, and once the competent authorities find applicants ineligible, judicial review cannot be used to direct a grant. The seven appellants had encroached on Government land in a hilly area of Uthagamandalam; enquiry revealed they owned other properties, and the respondents' counter described them as well off with properties in and around Uthagamandalam Town, so the burden lay on them to prove landlessness. Free house site patta schemes are governed by Revenue Standing Order 21, which caps free assignment at 3 cents per person and confines natham land assignments to dwelling purposes. The encroached land belongs to Uthagamandalam Municipality and cannot be parted with. Appeal dismissed, no costs; connected miscellaneous petitions closed.

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WA No. 2982 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND

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THE HONOURABLE MR JUSTICE C. SARAVANAN

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WA No. 2982 of 2021

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VAHITHA W/o Akeeem

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PREETHI

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D/o Nathan

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SATHYABAMA W/o Late Baskaran

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4.Anjala @ Elan Marry, W/o Sureshkumar

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5.Devi Sri R

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D/o Ramalingam

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SHANTHI

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W/o Chandra Kumar

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7.Leema Roselin W/o Louis

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Appellant(s)

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https://www.mhc.tn.gov.in/judis

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WA No. 2982 of 2021

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The State Of Tamilnadu, Rep By The Secretary, Revenue Department Fort St.George, Chennai - 9

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2.The Land Special Commissioner -cum-admnistrative Commissioner, Revenue Department, Ezhilagam, Chepauk, Ch -5.

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3.The District Collector Office Of The District Collector, Udhagamandalam, Nilgiris Dt.

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4.The Revenue Divisional Officer, Office Of Revenue Divisional Office, Udhagamandalam, Nilgiris Dt.

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5.The Tahsildar Office Of Tahsildar, Udhagamandalam, Nilgiris Dt.

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6.The Revenue Inspector Office Of The Revenue Inspector Office, Udhagamandalam Town, Udhagamandalam, Nilgiris Dt.

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7.The Village Administrative Officer, Office Of The Village Administrative Office, Udhagamandalam (west) Nilgiris Dt.

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https://www.mhc.tn.gov.in/judis

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WA No. 2982 of 2021

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8.The Commissioner Udhagamandalam Municipality, Udhagamandalam Town, Nilgiris Dt.

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Respondent(s)

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PRAYER

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To set aside the order in W.P.NO.29582 of 2018 by order dated 29-06-2021.

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For Appellant(s): Mr.C.Venkatesan For Respondent(s): Mr.D.Ravichandar, Special Government Pleader for R1 to R7 Mr.P.Srinivas for R8

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ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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The writ appeal has been instituted to set aside the order in W.P.No.29582

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of 2018 by order dated 29.06.2021.

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Free house site patta can never be claimed as an absolute right. It is a

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concession granted by the Government to the landless poor people based on the

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eligibility criteria fixed under the welfare scheme. Therefore, concessional

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scheme is to be implemented scrupulously in accordance with the terms and

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conditions stipulated under the scheme. The Courts cannot expand the scope of

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https://www.mhc.tn.gov.in/judis

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WA No. 2982 of 2021

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the scheme for the purpose of grant of free house site patta. The eligibility

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criteria is to be ascertained by the authorities competent.

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In the context of the above governing principles, the facts in the present

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case show that the appellants have encroached upon the Government land in a

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hilly area where lands are scarce. The authorities have initiated action. Thus, the

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petitioners have claimed patta in respect of the land under their occupation. During the course of enquiry, the authorities found that these appellants are owning other properties and therefore, ineligible to submit an application

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seeking for free house site patta under Government welfare schemes.

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Once the authorities find that the persons are ineligible under the

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scheme, the Court cannot direct the authorities to grant a free house site patta.

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Free house site patta schemes are formulated under Revenue Standing

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Order 21. The Revenue Standing Order imposes certain restrictions and

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conditions for the assignment of Government lands at free of cost. No person

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https://www.mhc.tn.gov.in/judis

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WA No. 2982 of 2021

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can be assigned more than 3 cents of free land by the Government. In respect of

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natham lands, the lands can be assigned only for dwelling purposes. The said

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land cannot be used for commercial purposes.

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Even presuming that the appellants are landless poor people, it is for

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the authorities to consider their application under any one of the welfare

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schemes and by following the procedures as contemplated, more specifically in

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terms of Revenue Standing Order 21. However, the High Court, in exercise of

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the powers of the judicial review, cannot issue a direction to grant a free house site patta, which would not fall under the realm of the powers of judicial review. That apart, the subject land under encroachment belongs to Uthagamandalam municipality, and the said land cannot be parted with.

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In the present case, the Writ Court has rejected the relief sought for in

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the writ proceedings mainly on the ground that the respondents have filed a counter stating that the writ petitioners are well off and they are having

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properties in and around Uthagamandalam Town. It is for the petitioners to

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https://www.mhc.tn.gov.in/judis

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WA No. 2982 of 2021

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establish that they are landless poor people for the purpose of getting a free

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house site patta. However, in the proceedings dated 13.08.2018, the impugned

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order passed by the Tahsildar, Uthagamandalam, states that the case of the appellants will be considered after lifting of the ban and on priority basis. Subsequently, they have filed a counter affidavit that the appellants are not eligible. However, the eligibility criteria is to be strictly ascertained for the purpose of grant of free house site patta. It is for the Government to consider the applications received from the eligible persons for the grant of house site patta

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under the welfare scheme. The Writ Court also formed such an opinion. Thus, there is no infirmity in the order impugned. Consequently, the writ order in W.P.No.29582 of 2018 dated 29.06.2021 is confirmed and the writ appeal stands

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dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed.

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(S.M.SUBRAMANIAM J.)(C.SARAVANAN J.) 01-09-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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WA No. 2982 of 2021

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