R MALA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) According to the petitioners, the pucca houses in question in the respective survey numbers were constructed by spending a huge amount 50 years ago (of course, with the approval of plan sanction of the fourth respondent/Executive Engineer, Elampillai Panchayat, Salem District) and the said properties were assessed to property and water taxes which were paid all along, regularly. As a matter of fact, the Electricity Board, with the consent of the fourth respondent, had provided service connection to the aforesaid door numbers in which the petitioners are residing.

(2.) The stand of the petitioners (in W.P. No.4369 and 4370 of 2015) is that the respondents granted house patta during the year 1995 to their adjacent houses bearing Door Nos.155, 163, 165, etc. which were named by the fourth respondent after allotting and permitting the respective occupiers to build their houses more than 50 years ago. It is represented on behalf of the petitioners that on the request like that of them, the respondents, indiscriminately, for majority of the house owners, granted patta during the year 1995 itself by leaving the petitioners and a few others without granting patta which is a clear case of discrimination by issuing patta according to their whims and fancies in a "pick and choose" method for the reasons best known to them.

(3.) The stand of the petitioner (in W.P. No.4371 of 2015) is that, in the housesite allotted by the respondents 1 to 3 in Survey No.118/1, measuring an extent of 2,150 sq. ft of Grama Natham, for which patta no.48 was issued by the Revenue authorities, his father had constructed a pucca house and further, the petitioner, with his brothers Sathasivam and Manoharan and their sister Kamala lived from their childhood onwards along with their parents and presently, the said house is owned by the petitioner and his siblings jointly. It is the further stand of the petitioner (in W.P. No.4371 of 2015) that his father, in the total extent of 2,150 sq. ft., had constructed a house 50 years ago, including the northern side of S.No.118/1 of 700 sq. ft. which is in the said survey number of patta no.48, issued by the respondents 1 to 3.