Madras High Court
J.Theerthagiri vs The Additional Chief Secretary Cum on 14 September, 2020
Author: Pushpa Sathyanarayana
Bench: Pushpa Sathyanarayana
W.P.No.3820 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2020
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P.No.3820 of 2016
&
W.M.P.No.19835 of 2018
J.Theerthagiri ... Petitioner
vs
1. The Additional Chief Secretary Cum
Commissioner for Land Administration,
Ezhilagam, Chepauk,
Chennai - 05.
2. The District Collector,
Tiruvanamalai District,
Thiruvannamalai.
3. The Tashsildar (Head Quarters),
Chengam Taluk, Chengam,
Tiruvannamalai District.
4. R.Jayavelu Mudaliyar ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the 2nd and 3rd
respondents to take necessary action on the petitioners
representation dated 23.12.2015 by virtue of the Letter
No.G2/29891/2015 dated 08.01.2016 on the file of the 1st
Respondent within the stipulated time as prescribed by this Court.
For Petitioner : Mr.Kumaradevan
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Page No.1 of 7
W.P.No.3820 of 2016
For RR1 to 3 : Mr.V.Shanmugasundar
Special Government Pleader
For R4 : Mr.T.Ayyasamy
ORDER
This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.
2. Heard the learned counsel appearing on both sides and perused the materials available on record.
3. The writ petition is filed for a direction to the respondents 2 and 3 to take necessary action on petitioner's representation dated 23.12.2015 by virtue of the Letter No.G2/29891/2015 dated 08.01.2016 on the file of the first respondent, within the stipulated time.
4. The petitioner claims to be an agriculturist and landless poor of Adi Dravidar community. The Government of Tamil Nadu had allotted some lands in S.Nos.7/1A, 5A, 5B, 5C in Aswanagasuranai Village, Chengam Taluk, Tiruvannamalai District under the category denotified condition land (D.C. land). The petitioner has stated http://www.judis.nic.in Page No.2 of 7 W.P.No.3820 of 2016 further that most of the DC lands (panchami lands) are purchased by other community people and they are enjoying the same, without any hindrance. The petitioner also states that the fourth respondent was handed over possession of the lands by his father due to coercion. As it is stated that the assignment conditions does not permit the panchami lands to be sold to anybody, it is claimed that the possession of the fourth respondent is void. Hence, a representation has been given by the petitioner on 23.12.2015 to the second and third respondents to consider his representation and retrieve the panchami lands.
5. The third respondent-Tahsildar has also filed his counter. In the third respondent's counter also, it has been stated that the petitioner himself was one of the parties to the execution of the registered sale deed dated 05.07.1990.
6. The fourth respondent, who is the purchaser from the petitioner's father, filed counter affidavit, stating that he has purchased the property from the petitioner's father on 05.07.1990. After the purchase, he has applied for change of patta in his name. The Tahsildar, Chengam, has passed an order on 30.09.2013, wherein, it has been held that the lands in S.Nos.7/2C2, 7/5A and http://www.judis.nic.in Page No.3 of 7 W.P.No.3820 of 2016 7/5B are registered as lands belonging to Backward Community. But in the Government Gazette 1949 - 1950, it has not been stated so. In this regard, there was an enquiry by the Revenue Divisional Officer and a communication in Na.Ka. No.A3/11292/2013 dated 18.01.2014 is also addressed to the District Collector, Thiruvannamalai, which reads as follows:
"nkw;go g[yj;jpid jpUtz;zhkiy. tUtha; nfhl;l mYtyh; 30/12/2013 md;W g[yj;jzpf;if bra;J jzpf;if Fwpg;g[ ,j;Jld; ,izf;fg;gl;Ls;sJ/ br';fk; tl;lhl;rpahpd; ghpe;Jiu mwpf;ifapd; mog;gilapYk; kw;Wk; jpUtz;zhkiy tUtha; nfhl;l mYtyhpd; g[yj;jzpf;if Fwpg;g[ mog;gilapYk; fpuhk fzf;Ffis ghprPyid bra;jjpYk; Mtz';fspd; mog;gilapy; g[y vz;fs;/7-2rp2. 7-5V kw;Wk; 7-5gp Vh;!; epy';fs; epy clik gjpt[ nkk;ghl;L jpl;lj;jpy; jhH;j;jg;gl;lth;fSf;fhd xJf;fg;gl;l epyk; vd 'm' gjpntl;oy; gjpt[fs; bra;ag;gl;Ls;sij uj;J bra;J cj;jput[ gpwg;gpf;fyhk; vd ghpe;Jiu bra;fpnwd;/ nkw;go g[yd;fis fpiuak; bgw;w jpUtz;zhkiy tl;lk;. br';fk; nuhL. vz;/2. ghyh$p efh; 2?tJ bjUtpy; trpf;Fk; jpU/b$antY. j-bg/ khzpf;fk; vd;gth; br';fk; tl;lk;. m!;tehfRuiz fpuhkj;jpy; g[y vz;fs;/7-2rp2. 7-5V kw;Wk; 7-5gp Vh;!;
epy';fis gl;lh khWjy; bra;af; nfhhpa[k; kD
bra;Js;shh;/ ,tuJ kD kPJ nkw;go epy';fs; epy
clik gjpt[ nkk;ghl;L jpl;lj;jpy;
jhH;j;jg;gl;lth;fSf;fhd xJf;fg;gl;l epyk; vd 'm'
gjpntl;oy; gjpt[fs; bra;ag;gl;Ls;sij uj;J bra;J
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Page No.4 of 7
W.P.No.3820 of 2016
cj;jput[ gpwg;gpf;Fk; gl;rj;jpy; cj;jputpl;l gpd;dh;
,tuJ kDtpid ghprPyid bra;J Mtz';fspd;
mog;gilapy; gl;lh khWjy; bra;ayhk; vdt[k; ghpe;Jiu bra;fpnwd;/ br';fk; tl;lk;. m!;tehfRuiz fpuhkj;ijr; nrh;e;j jpU/ma;ahf;fz;Qq kfd; $pd;D vd;gtUk;. nkw;go g[yd;fis fpiuak; bgw;w cah;$hjpapdh;
mjhtJ jpU/b$antY. j-bg/ khzpf;fk;
vd;gthplkpUe;J g";rkh; epyj;jpid kPl;Lj;juf; nfhhp
kDtpida[k; nkw;go g[yd;fis fpiuak; bgw;w
jpU/b$antY. j-bg/ khzpf;fk; vd;gthpd; gl;lh khw;wk; nfhUk; kDt[k; xnu bghUs; rk;ke;jg;gl;lJ vd;gjhy;
,uz;L kDf;fisa[k; xd;W nrh;jJ
; jpUtz;zhkiy
khtl;l tUtha; mYtyh; mth;fspd; cj;jput[ tug;bgw;w gpd;dh; fpuhk fzf;Ffspy; khWjy; bra;a eltof;if vLf;fyhk; vd;gijj; bjhptpj;Jf; bfhs;fpnwd;/"
6. In continuance of the same, summons was issued to both the petitioner as well as the fourth respondent on 18.02.2014 by the District Collector, Thiruvannamalai calling upon them to appear once again for an enquiry on 27.02.2014. But it is now stated that there was no progress after that and no enquiry or orders have been passed by the District Collector-second respondent.
7. As the claim of the petitioner is that these are all panchami lands and they have to be retrieved, he has also given the http://www.judis.nic.in Page No.5 of 7 W.P.No.3820 of 2016 representation only to the District Collector and Tahsildar. As already the authorities have commenced enquiry proceedings, the second respondent-District Collector, is directed to once again summon the petitioner and the fourth respondent, for an enquiry in continuance of his summons dated 18.02.2014, afford them an opportunity of personal hearing and then decide the matter and pass appropriate orders on merits. However, the said exercise has to be completed within a period of fourth months from the date of receipt of a copy of this order.
8. With the above directions, the writ petition is disposed of. No Costs. Consequently, the connected miscellaneous petition is closed.
14.09.2020 asr/rsi To
1. The Additional Chief Secretary Cum Commissioner for Land Administration, Ezhilagam, Chepauk, Chennai - 05.
2. The District Collector, Tiruvanamalai District, Thiruvannamalai.
3. The Tashsildar (Head Quarters), Chengam Taluk, Chengam, Tiruvannamalai District.
http://www.judis.nic.in Page No.6 of 7 W.P.No.3820 of 2016 PUSHPA SATHYANARAYANA, J.
Asr/rsi W.P.No.3820 of 2016 & W.M.P.No.19835 of 2018 14.09.2020 http://www.judis.nic.in Page No.7 of 7