K. RAJENDRAN Vs. DISTRICT COLLECTOR, TIRUPPUR

JUDGEMENT

(1.) This vexatious litigation is by an individual for issuance of a writ of certiorarified mandamus to quash the proceedings of the 1st respondent dtd. 27/11/2015 and to direct the 2nd respondent to demolish the construction erected by the 3rd respondent and consequently, to direct the 1st respondent to issue patta in the name of the petitioner in respect of the property where the 3rd respondent has obtained permission to construct a Church.

(2.) Brief facts that are necessary for the disposal of this writ petition are as follows:

(3.) A extent of about 6.30 acres of land in S.No.204/2 in Chitharavuthanpalayam Village, Dharapuram Taluk, Tiruppur District, was originally a Government Poramboke land. It is admitted by the petitioner himself that the Government issued G.O.Ms.No.761 dtd. 13/8/1996 to regularise unauthorised constructions and grant patta for eligible persons who are residing in that place. A reading of the said Government Order gives an indication that the entire extent of land in S.No.204/2 in Chitharavuthanpalayam Village, Dharapuram Municipality, is in encroachment of more than 112 families. As per the Village Accounts, it was acknowledged in the Government Order that the land stood registered in the name of "Municipal Chairman", Dharapuram. However, a request came from persons who are in possession and enjoyment of the property for conversion of land into assignable lands or as poramboke lands so that the Government can consider the claim of eligible persons to get assignment. Earlier, the 1st respondent / District Collector appears to have recommended for assignment of lands in favour of eligible persons who are in possession of the Government Poramboke lands in S.No.204/2. The recommendations of the District Collector was also approved by the Commissioner, Land Administration. However, no assignment of land in favour of individuals who are in possession of Government Poramboke land was granted pursuant to the Government Order and it is admitted that the lands are classified as "Natham" land as directed by the Government. However, the fact that the property was originally a Government Poramboke land and it was only to enable to the Government to consider assignment of land in favour of eligible persons, the land has been classified as "Natham". In the absence of any assignment in accordance with the Revenue Standing Orders, the property still continue to be the property of the Government and this Court has no hesitation to conclude that the lands are the lands of Government.