A M RAMACHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have come up with the above writ petition praying for the issuance of a writ of mandamus to direct the respondents to provide alternative accommodation to them in the land in Survey No.42/5-A, situated at Attaiyampatti, Salem Taluk and District.

(2.) 1 The case of the petitioners as per the averments in the affidavit filed is support of the writ petition is that they belong to low income group of labour class and down trodden community and they are landless poor and they have been residing in the Government poromboke land, i.e., grazing grounds in S.No.8/15-A and 8/15-B, situated at Attaiyampatti Village, for more than 4 decades.

(3.) The learned counsel for the petitioners submitted that non providing of alternative house site to the petitioners after their eviction on 23.04.1999 has affected the right to live of the petitioners guaranteed under Article 21 of the Constitution of India. He further submitted that the action of the respondents in cancelling the G.O.Ms.No.349, Revenue (Ni.Mu.3(1) Department, dated 6.7.2007, which converted the Kallankuthu Poramboke land into village natham for the purpose of providing alternative house site, is arbitrary. Besides, according to the learned counsel for the petitioners, the petitioners have right to have a shelter and the Government's duty is to provide shelter to them, more particularly when they have agreed by means of a promise to provide alternative house sites. That apart, according to the learned counsel, the petitioners are residing for more than four decades and that inaction of the Government in not providing alternative accommodation to the petitioners in Survey No.42/5-A situated at Attayampatti, Salem Taluk and District is not fair and justifiable.