GOVINDAN Vs. DISTRICT COLLECTOR CUDDALORE DISTRICT

JUDGEMENT

(1.) THE petitioners have filed the present writ petition challenging the impugned eviction order dated 19.04.2010 passed by the fifth respondent.

(2.) LEARNED counsel appearing for the petitioners submitted that all the writ petitioners are residing at Muthanai Village Thope, Virudhachalam Taluk, Cuddalore District, for more than 40 years. Since they are not owning any house in their name and hailing from poor financial condition and struggling for survival of the family, they have tried to obtain patta from the Revenue Department. Further, the land in Survey No.179/1 is consisting of vast extent of land and having Government buildings, like, Village Administrative Office, Panchayat Office and Fair Price Shops, and on the eastern side of the road in Survey No.179/1, the petitioners are living for more than 40 years in Thope Poromboke. During the stay of the petitioners in the said place, several candidates for President and District Village Panchayat Presidents, who are contesting in elections, used to give promises to issue patta to the petitioners. But, due to the different political affiliation by the residents, they have suffered enmity, that delayed in getting the patta. Even though some of the political party elected representatives recommended the petitioners' case to the authorities for grant of patta in the same place, yet they were not able to obtain patta till date.

(3.) IN his further submission, it was contended that the petitioners are residing in the said place for more than 40 years, and their suit is also pending now for consideration, therefore, the petitioners are entitled to get the patta on the basis of G.O.Ms.No.854, Revenue, dated 30.12.2006, for the reason that they are not owning any house on their own name. Since the said GO empowers the Government to assign patta to the persons, who are occupying the land in question continuously for more than 10 years, the petitioners are having every right to get patta. Therefore, the denial of patta is not legally justifiable.