J AUGUSTIN Vs. STATE

JUDGEMENT

(1.) The above writ petition has been filed for issue of a writ of mandamus to direct the respondent to assign the lands stated to be in the petitioner's occupation comprised in S.No.534, in Perumbakkam Village, Pallikaranai Firka, Tambaram Taluk, Kancheepuram District measuring a extent of about 2 acres.

(2.) According to the petitioner, he is a possession and enjoyment the said lands classified to be Manavari Tharisu and it is also stated that he purchased the same from one Ansari Beg. The petitioner further submits that his name entered in the adangal extract for the fasli 1410. The petitioner claiming to be a landless poor had made an application to the government for lease of the said lands and the Tasildar, Tambaram is said to have a recommended the same for consideration. The petitioner places reliance on G.O.Ms.No. 555 dated 06.08.2006, wherein the Government had decided to allot two acres of Tharisu lands to the landless poor for the agricultural purpose. According to the petitioner the land in his possession are classified as Tharisu and the said Government order would be applicable to his case. With the above facts the petitioner has filed in the present writ petition.

(3.) The third respondent has filed a counter affidavit stating that Survey No.534 covers a total extent of 34.88.5 hectares and the Government has divided the said lands and allotted for various Government purposes and the land is classified as Tharisu as per the village account. It is further stated that the water coming from Pallikkaranai swamp area to reach the sea through oggiam Madavu will have to pass through Perumbakkam Village and since major part of the land has been alienated for other other purposes and the channels are blocked, during rainy season, there is flooding in Velacherry, Perumbakkam and Pallikkaranai area and hence to avoid the same, it is essential to transfer the land to the Public Works Department for construction of Rain Water Canal.