Madras High Court
Kodaikanal Maruthuvar vs The State Of Tamil Nadu on 23 November, 2012
Author: K.Ravichandrabaabu
Bench: K.Ravichandrabaabu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/11/2012 CORAM THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.9718 of 2007 Kodaikanal Maruthuvar Savarathozhilar Sangam, Reg.No.79/87 Through its President, Having its Office at Nellai Saloor, Anna Salai, Kodaikanal, Dindigul District. .. Petitioner Vs. 1.The State of Tamil Nadu Rep. by District Collector, Dindigul. 2.The Superintendent of Police, Dindigul District. 3.The Revenue Divisional Officer, Kodaikanal. 4.The Tahsildar, Kodaikanal. 5.The Commissioner, Kodaikanal Municipality, Kodaikanal. 6.The Assistant Director of Mines, District Collectorate Office, Dindigul. 7.M.Pitchaimuthu, S/o.Muthuchamy, Shanmugapuram, Naidupuram, Kodaikanal Town. 8.S.Iyer Thevar, S/o. Samithevar, Shanmugapuram, Patchaimarathu Odai, Naidupuram, Kodaikanal Town. .. Respondents PRAYER Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents 1 to 6 to take appropriate action for survey, demarcation and laying out of the house sites on ground, for 56 allottees in T.S.No.2/9 in Vilpatty Village, Kodaikanal Town and further direct the 5th respondent to consider the applications of the 56 allottees of house-site in T.S.No.2/9 in Vilpatty Village, Kodaikanal Town for the purpose of building plan approval in accordance with law and further direct the respondents 1 to 6 to initiate appropriate action against the respondents 7 and 8. !For petitioner .. Mr.Harihara Ramachandran ^For R1 to R4, R6 .. Mrs.S.Bharathi G.A. For R5 .. Mr.P.Srinivas For R7 .. Mr.Bharathsingh For R8 .. Mr.P.Subbiah :ORDER
The petitioner association filed this writ petition seeking for a Mandamus directing the respondents 1 to 6 to take appropriate action for survey, demarcation and laying out of the house sites for 56 allottees in T.S.No.2/9 in Vilpatty Village, Kodaikanal Town and direct appropriate action against the respondents 7 and 8 and also to direct the fifth respondent to consider the applications of the 56 allottees for the purpose of building plan approval.
2. The case of the petitioner is that the petitioner sangam is the registered society under the Tamil Nadu Societies Registration Act. The office of the sangam is to safeguard the rights and interest of its members and their families who belong to 'Maruthuvar Caste', which is classified as Most Backward Class. The members of the petitioner sangam were suffering without proper shelter and after their persistent efforts with the Government, a proposal was made for converting the Government poramboke lands in T.S.No.2/9 of Vilpatty, Kodaikanal Town, measuring an extent of 0.80.00 Hectares into house sites and consequently for allotment of the same to 56 members of the petitioner sangam. Accordingly, allotments were made and house site pattas were also issued to the said 56 beneficiaries on 28.06.1999.
3. The seventh respondent filed a suit for permanent injunction in O.S.No.101 of 1999, on the file of the District Munsif-cum-Judicial Magistrate Court, Kodaikanal, against the respondents 1 to 3 herein and another, seeking for permanent injunction by claiming that he was in possession for more than 35 years in those lands, which were allotted to the members of the petitioner sangam. However, the said suit came to be dismissed for default on 07.06.2002. Thereafter, the seventh respondent joining with eighth respondent, illegally removed the huts put up by the members of the sangam in the said site, which was also immediately resisted and a complaint was lodged before the Superintendent of Police, Dindigul, as well as the District Collector, Dindigul. When an attempt was made to survey the land for demarcation of the allotted plots, the eighth respondent once again prevented the survey and demarcation of the allotted property. Again, another complaint was lodged on 03.06.2002 to the Superintendent of Police, Dindigul and the District Collector, Dindigul. Therefore, the present writ petition is filed by the petitioner seeking for a direction to the respondents 1 to 6 to survey, demarcate the property allotted to the respective members of the petitioner sangam as the problem with the respondents 7 and 8 were continuing.
4. The matter was taken up for final disposal on 05.11.2012 and the learned counsel for the petitioner submitted that even now, the respondents 7 and 8 have encroached upon the land allotted to the members of the petitioner sangam which prevented the petitioner from putting up their respective house sites in the plots allotted to them.
5. On the other hand, the learned counsel for the respondents 7 and 8 disputed the said allegations made by the petitioner, which necessitated this Court to direct the Revenue Divisional Officer to make a local inspection and file a report with regard to the present factual position. The Revenue Divisional Officer, Kodaikanal, after inspecting the site on 21.11.2012 along with the Tashildar and his subordinates found that there are no encroachment by means of cultivation and other huts in the property in dispute. It is also stated by the Revenue Divisional Officer in the said report that out of 7.15.50 Hectares, 0.81.0 Hectares at Town Survey No.2/1 Ward C, Block 1 of Vilpatti Town was classified as Natham for issuing house sites patta for 56 beneficiaries (Kodaikanal Maruthuvar Savarathozhilar Sangam) and necessary permanent changes have been made in the Village Records and the name of the 56 beneficiaries were also registered in the Village Records.
7. The relevant portion of the report of the Revenue Divisional Officer is extracted hereunder:-
" It is submitted that Kodaikanal Taluk, Vilpatti Town Survey No. Ward C, Block 1 Town Survey No.2/1 was classified as Assessed Waste dry, which extent was 7.15.50 Hectares. Out of this 7.15.50 Hectares, 0.81,0 Hectares was classified as Natham, by the then District Revenue Officer, Dindigul through his proceedings Roc.No.36693/D3 dated 10.06.1999, to issue House Site Pattas for 56 beneficiaries (Kodaikanal Maruthuvar Savarthozhilalar Sangam (Reg.No.79/87)). The necessary permanent changes have been made in the Revenue Village Records and the name of the 56 beneficiaries also registered in the village Records. As per the order of this Hon'ble High Court of Chennai, Madurai Bench dated 05.11.2012, I have inspected the suit property along with the Tahsildar and his subordinates, on 21.11.2012 and found that eight tin sheet sheds, one but were erected. Apart from this one damaged house built by mud mortar and stone were also found. The middle portion of this Land is Rocky places were found. During the time of inspection, unoccupied sheds, huts and house were found. No other encroachments by means of cultivation or other huts were found in the suit property."
8. Therefore, from the report of the Revenue Divisional Officer, it is seen that 56 members of the petitioner sangam were allotted house sites at the Town Survey No.2/1, Ward C, Block 1, Vilpatti Town, Kodaikanal Taluk and necessary permanent changes were also effected in the revenue records showing them as registered pattathars. However, it is the case of the petitioner sangam that in spite of granting such patta, they were not in a position to enjoy the same by putting up their respective construction, as the proper demarcation of the respective sites was not done by conducting a proper survey. Apart from that, in the absence of proper survey and demarcation, the rival claim of the seventh and eighth respondent was also continuing with the petitioner sangam. Therefore, in order to avoid all the complications, the respondents 3 and 4 are directed to re-survey the lands allotted to 56 beneficiaries and demarcate the same individually, so as to enable them to take appropriate steps for putting up their respective houses. Such exercise shall be made by the respondents 3 and 4 within a period of four weeks from the date of receipt of a copy of this order. After making such survey and demarcation of the respective sites, allotted to 56 beneficiaries, it is for them to make necessary application to the Local Town Panchayat seeking for building plan approval afresh. If any such application is made, the same shall be considered on merits and disposed of in accordance with law by the said local authority without any delay.
With these observations, the Writ Petition is disposed of. No costs.
skn TO
1.The District Collector, Dindigul.
2.The Superintendent of Police, Dindigul District.
3.The Revenue Divisional Officer, Kodaikanal.
4.The Tahsildar, Kodaikanal.
5.The Commissioner, Kodaikanal Municipality, Kodaikanal.
6.The Assistant Director of Mines, District Collectorate Office, Dindigul.