R DHAKSHINAMURTHY Vs. COLLECTOR

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) THIS writ petition has been filed by the petitioner stating that he is residing at 120, Thalayari Colony Street, Alathur, Chengalpattu, Kancheepuram District. The land under the occupation of the petitioner is comprised in S.No.230/2. The said land has been classified as `Thangal' (Eri Poramboke) in the revenue records. The land which is occupied by the petitioner is at a higher level. Therefore, at no point of time it is flooded by water.

(3.) IT has also been stated that in the year 2000, the Government of Tamilnadu had issues orders in G.O.Ms.No.168, Revenue [Ni.Mu.1(2)] Department, dated 27.3.2000, directing that the persons who had constructed houses on poramboke lands and residing there for more than 10 years may be assigned house site pattas for the said lands. Thereafter, the Government had issued further orders in Government Letter No.11414/Ni.Mu.1(2)/2000-5, dated 2.5.2000, to clarify that even persons who had constructed houses and are staying for a period of two years on a poramboke land can be assigned patta, if the said land is comprised in the same survey number in which the persons had constructed the houses and residing for more than ten years. Since the petitioner has been residing in the said house for several years, he had submitted an application to the District Collector, Kancheepuram, on 12.8.2002, requesting him to grant patta for the said land. Similarly, applications have been given by all the occupants residing in the said area. However, no action had been taken by the authorities concerned to grant patta to the petitioner and to the other similarly placed persons.