Madras High Court
R.Eswaran vs S.Sevugan on 24 July, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
REV.APLW.(MD)No.110 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
REV.APLW.(MD)No.110 of 2024
in
W.P.(MD)No.14795 of 2018
and
W.M.P.(MD)No.11299 of 2024
1.R.Eswaran
2.R.Jeyaram : Petitioners
Vs.
1.S.Sevugan
2.The District Collector,
Madurai District,
Madurai.
3.The Tahsildar,
Madurai East Taluk,
Madurai District.
4.The Meenkshipuram Panchayat,
Rep. by its,
The Block Development Officer,
Madurai East,
Madurai District.
5.C.Thandapani
6.K.Munichamy : Respondents
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REV.APLW.(MD)No.110 of 2024
PRAYER: Review Application filed under Order 47 r/w. Section 114
of C.P.C., praying to review the order passed in W.P.(MD)No.14795
of 2018 dated 27.02.2024.
For Petitioner : Mr.K.Mahendran
For Respondents 2 & 3 : Mr.N.Satheesh Kumar
Additional Government Pleader
ORDER
************ [Order of the Court was made by R.SURESH KUMAR, J.] This review petition has been filed seeking to review the order passed by the earlier Division Bench dated 27.02.2024 made in W.P.(MD)No.14795 of 2018.
2.In the said writ petition, the writ petitioner who is the first respondent herein sought for a Writ of Mandamus, to direct the official respondents to remove the encroachments of the respondents 4 to 7 including the present petitioners in S.Nos.28/3 and 30/2, situated at Gandhi Nagar Village, Meenakshipuram II Pit, Madurai East Taluk, Madurai District, which according to him is a Government poramboke land meant for school play ground and grazing.
3.The said writ petition was decided by the Division Bench by order dated 27.02.2024, after taking note of the https://www.mhc.tn.gov.in/judis 2/7 REV.APLW.(MD)No.110 of 2024 submissions made both by the learned Counsel for the petitioner as well as learned Additional Government Pleader who appeared for official respondents that the land in question is a Government poramboke land meant for school play ground and grazing.
4.However, it is the contention of the learned Counsel appearing for the petitioners herein who stood as respondents 4 & 5 before the Writ Court that, it is neither a school play ground nor a grazing land but it is only a hilly or rocky Tharisu land. Therefore, it is an unobjectionable poramboke land and these petitioners after having put up dwelling houses and huts are residing for long years. Either patta can be given to these people in the area where they have been in occupancy or they can be treated as landless poor under the scheme being envisaged by the Government of Tamil Nadu to give land assignment under landless poor category to the extent of 3 cents for the construction of dwelling house.
5.Therefore, like any other encroachment in an objectionable poramboke land, these people cannot be treated as sheer encroachers and therefore, the direction given by the Division Bench is to be reviewed, he contended.
6.However, learned Additional Government Pleader for the official respondents has reiterated the stand that has been https://www.mhc.tn.gov.in/judis 3/7 REV.APLW.(MD)No.110 of 2024 taken by the official respondents even before the earlier Division Bench, where the writ petition was disposed of.
7.In view of the order that is going to be passed in this review application, notice to the private respondent ie., first respondent / writ petitioner is dispensed with.
8.It may or may not be a school play ground or grazing land but admittedly, it is a Government poramboke land. When that being so, the occupancy of the present petitioners in such Government poramboke land even for dwelling purposes that they are landless poor and they do not have any other dwelling houses and for the purpose of their residence, they have set up small huts and dwelling houses and have been residing for several years, that itself ipso facto would not confer any automatic right to continue or perpetuate in the Government poramboke land as the same will otherwise be construed only as an encroachment within the meaning of Land Encroachment Act, 1905.
9.Be that as it may, it is the contention of the learned Counsel appearing for the review petitioners that the Government being a welfare Government can consider the pitiable situation of the petitioner as they do not have any dwelling house and accordingly, under the scheme for landless poor, 3 cents of land can https://www.mhc.tn.gov.in/judis 4/7 REV.APLW.(MD)No.110 of 2024 be allotted to each of the petitioners, if not permitting them to continue in the present place by giving patta. This arrangement whether can be made by the Government can only be decided by the revenue authorities on receipt of the applications given by the petitioner. However, the same has not been done by the petitioner. At this juncture, we cannot straightaway issue any direction to the respondents, but at the same time, we can make an observation that it is open to the petitioners to make applications to the revenue department seeking for either patta or free land assignment under the landless poor category and if such an application is filed, it is for the Government ie., revenue department to consider the same and to decide it on merits and in accordance with law.
10.With these observations, as we do not find any reason to interfere with the order which is sought to be reviewed, this Review Application stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[R.S.K.,J.] & [G.I.,J.]
24.07.2024
Neutral Citation : Yes/No
Index : Yes/No
Internet : Yes/No
MR
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REV.APLW.(MD)No.110 of 2024
To
1.The District Collector,
Madurai District,
Madurai.
2.The Tahsildar,
Madurai East Taluk,
Madurai District.
3.The Block Development Officer,
Meenkshipuram Panchayat,
Madurai East,
Madurai District.
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REV.APLW.(MD)No.110 of 2024
R.SURESH KUMAR, J.
and
G.ILANGOVAN, J.
MR
ORDER MADE IN
REV.APLW.(MD)No.110 of 2024
24.07.2024
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