C SANKARESWARAN Vs. COMMISSIONER LAND

JUDGEMENT

(1.) THE petitioner in W.P.No.3536 of 2005 is the former Chairman and the petitioner in W.P.No.943 of 2006 is the present Chairman of Bodinaickkanur Municipality. THEy have approached this Court with the above writ petitions as pro bono publico seeking for a direction forbearing the respondents from granting the pattas in respect of the lands in Survey Nos.1079/1B, 1110/2, 1113/1B, 1185/1B, 1195, 1197, 1186 and in Survey Nos.1079, 1185, 1186, 1195, 1197 in Kottagudi village, Bodinayakkanoor Taluk, THEni District acquired under Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 to any person.

(2.) THE writ petitions have been filed basically with the following averments:- Bodinaickkanur is a municipal town in THEni District and there are about one lakh people residing within the limits of Bodinaickkanur Municipality. THE source of drinking water for the Bodinaickkanur town is Kottagudi river situate in the hills of top station panchayat 6000 feet above the Western Ghat in the border of Kerala State. THE catchment area is the vast extent of forest land. THE water gathered in Kottagudi river is stored at Kurangini and channelised through the pipeline for supply of drinking water to the town. As the respondents are contemplating to issue pattas in the lands in question to various individuals, the petitioners are constrained to approach this Court with the writ petitions.

(3.) AN extent of 624.32 acres of land in Kottagudi village, Bodinaickkanur Taluk owned by M/s Tata Tea Private Limited, Kerala State was declared surplus and the said lands were acquired by the Government of Tamil Nadu by issuance of notification in G.O.Ms.No.584, Revenue (L.R1.2) dated 1.12.2003 under Section 18(1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. Though the said company owned the said lands, it did not use the lands for tea plantation or for any agricultural or other purposes considering the fact that the lands are situate at a height of 6000 feet in the Western Ghat surrounded by thick forest. Though a major extent of the land is covered by forest trees, a small extent of land is lying vacant. It appears that the adjoining lands in Survey Nos.118-B were also notified as reserve forest under the Tamil Nadu Forest Act. In order to preserve the ecology and environment of the area, even the Government had not put the land into use for any other agricultural purpose.