MELKUPPAM VILLAGE PANCHAYAT BOARD Vs. SATYANARAYANAN

JUDGEMENT

(1.) IF an example is required as to how a person can be utterly dishonest and act without conscience by squatting on the property of the Government enriching himself without even paying a pie, here we have, (i.e.) the defendant, whose Legal Representatives are the respondents herein. The defendant has been squatting on the property of the Government of an extent of 25.40 acres (10 hectares) for over four decades and has been successfully avoiding dispossession.

(2.) THE plaintiff filed Original Suit No.605 of 1973 on the file of the District Munsif, Tirupattur, against the respondents herein, praying the Court to declare that the suit lands are communal lands vested with the plaintiff/ Panchayat and to direct the defendant to deliver possession of the (2002) 2 MLJ 571 at 573 suit properties to the plaintiff/ Panchayat and for other reliefs.

(3.) THE learned Subordinate Judge came to the conclusion that the Government of Tamil Nadu is the owner of the suit lands and that in fact, was also conceded by the learned counsel for the defendant. THE lower appellate Court also found that even if the lands are vested in the Panchayat, it is only for the Government to decide as to how the said lands should be utilised. THE appellate Court also held that the suit is bad for non-joinder of Government as a party.