K RAMALINGAM Vs. DISTRICT COLLECTOR TIRUVANNAMALAI DISTRICT

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties concerned.

(2.) IT has been stated that the petitioner and his wife R.Alangaram have been in possession and enjoyment of seven cents of land, classified as Odai Poramboke, in S.No.5/3, Mangalam Mamandur Village, Vandavasi Taluk, Tiruvannamalai District, by constructing a thatched house and cattle shed and by rearing trees for more than 30 years. The petitioner and his wife have been paying house tax to the village panchayat, besides paying 'B' memo charges to the Government. The petitioner has also obtained electricity service connection to the said house. Since the petitioner has no other place to reside, he had made a representation, dated 3.12.2001, to the second respondent to grant patta for the said land in the light of G.O.Ms.No.168, Revenue Department (L.A), dated 27.3.2000. However, the respondents had not considered the representation made by the petitioner. In such circumstances, the petitioner has preferred the present writ petition, under Article 226 of the Constitution of India.

(3.) IT has been further stated that the petitioner is a Government servant working as a Salesman in a fair price shop at Kurippedu Village, H/o.Veliambakkam Village, Vandavasi Taluk, Tiruvannamalai District. The house site patta in S.No.3 (House site No.23) granted to him in Rc.No.1953/87, dated 5.8.1991, is still vacant, as the petitioner had not constructed his house till date. Since the land in question is an Odai Poramboke, which is a water source poramboke land, patta cannot be granted in favour of the petitioner. Even otherwise, the petitioner would be eligible for a house site patta only for an extent of 0.03 cents and not the entire 0.07 cents, as claimed by him, even in case the State Government decides to grant house site patta.