MUTHUVEL Vs. DISTRICT COLLECTOR CUDDALORE

JUDGEMENT

(1.) SINCE the issue involved in all these petitions is one and the same, these writ petitions are taken up together and decided by a common order.

(2.) HEARD Mr.R.Margabandhu, learned counsel for the petitioners, Mr.S.Gopinathan, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.M.Dhandapani, learned Special Government Pleader appearing for respondents 4 and 5.

(3.) IN the counter affidavit filed by the 3rd respondent on his behalf and on behalf of the 2nd respondent, it is stated that the lands in question belong to Government Poramboke lands classified as Natham in R.S.Nos.459/1A and 459/1C and the total extent of lands is 2.84.5 hectares. The lands are purely used for dwelling houses and they are not used for agricultural purpose. As per Government Rules, the Natham Poramboke lands are not assigned for agricultural purpose. The petitioners have encroached a portion of land in the Natham Poramboke lands for the purpose of cultivation. No 'B' Memo has been registered in the name of the petitioners. Since lands are required for the purpose of constructing Samathuvapuram, the lands of the petitioners have been selected for the same by the Collector of Cuddalore. 5a. IN the counter, it is further stated that the Tahsildar has taken steps to construct Samathuvapuram and that Muthuvel and six persons, i.e. the petitioners herein of Tholar Village, Tittagudi Taluk, Cuddalore District have filed writ petitions against the construction of Samathuvapuram. A Peace Committee meeting regarding the construction of Samathuvapuram was convened by the Tahsildar, Tittagudi on 22.07.2010 with the encroachers of the proposed Samathuvapuram area of Tholar Village and the participants agreed to construct Samathuvapuram and also to evict the encroachments from the said lands and all of them signed in the resolution. The encroachers were also informed that patta will be issued to the eligible encroachers in some other places in Tholar Village. 5b. As per G.O.Ms.No.854 dated 30.12.2006, patta has been given to the landless poor, as the Government Poramboke land is not required for any other public purpose. But, the lands encroached by the petitioners are required for the purpose of construction of Samathuvapuram for the purpose of the public. The said lands are agricultural lands and there is no building, house or any construction as alleged by the petitioners. 5c. The 3rd respondent would further state that the publication for the construction of Samathuvapuram has been widely published in Tholar Village by beating of tom. The petitioners of Tholar Village attended the peace committee meeting and signed in the Resolution. According to the 3rd respondent, the petitioners are wealthy pattadars and they have well built houses in Tholar Panchayat and that they have not applied for house sites or land pattas so far. He would state that since funds are allotted for the construction of Samathuvapuram, the respondents have taken steps to evict the encroachments for the construction of Samathuvapuram and there is no violation of the principles of natural justice.