Madras High Court
Smt. M.Subbulakshmi vs The Secretary To The Revenue Department on 25 March, 2025
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.26314 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2025
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.26314 of 2023
and
W.M.P.No.25723 of 2023
Smt. M.Subbulakshmi ... Petitioner
Vs.
1. The Secretary to the Revenue Department,
Government of Tamilnadu,
Fort. St. George,
Chennai – 600 009.
2. The District Collector,
Nilgiris District, Ooty.
3. The Tahsildar,
Kothagiri,
Nilgiris District.
4. Ms. Sagunthalai,
Revenue Inspector,
Kothagiri Tahsildar Office,
Nilgiris District.
5. Mr.Suresh
Village Administrative Officer (VAO)
Kothagiri, Nilgiris District. ... Respondents
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W.P.No.26314 of 2023
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 3rd respondent to
take Departmental Action against the 4th and 5th respondents namely Ms.
Sagunthalai, Revenue Inspector and Mr.Suresh, Village Administrative
Officer of Kothagiri, Ooty District and other outsiders who damaged,
dismantled the shed by trespassed into the petitioner's peaceful
possession and enjoyment of land and storage shed of Tea Leaves in
illegal manner at Nilgiris District, Kothagiri Taluk Ooty Nedugula Block,
Nedugula Village No.609 Block, now given Survey No.51/79 to an
extent of 3 Acres punjai Tea Garden existing within the boundaries of
East by Malliga Gowdar land, West by Philips & other land, North by
Government land and south by share of P.S.Joshi land.
For Petitioner : Mr.R.Balasubramanian
For R1 to R3 : Mr.R.U.Dinesh Rajkumar
Additional Government Pleader
R4 & R5 – Served – No Appearance
ORDER
This Writ Petition has been filed seeking a direction to the 3rd respondent to take Departmental Action against the 4th and 5th respondents namely Ms. Sagunthalai, Revenue Inspector and Mr.Suresh, 2/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 Village Administrative Officer of Kothagiri, Ooty District and other persons who trespassed into the petitioner's property situated at Nilgiris District, Kothagiri Taluk Ooty Nedugula Block, Nedugula Village No.609 Block and caused damage to the storage shed of Tea Leaves.
2. The case of the petitioner is that, the petitioner's husband Mr. K. Maliappan, joined in Military on 11-03-1963 and rendered service in AMC Centre LKO, Unit No. 6814268 as Sepoy and discharged from service on compassionate grounds on 10-08-1967. After retirement, the Government of Tamil Nadu allotted him 3 acres of land in Nedugula Village, Ooty, which he cultivated with tea crops along with his children. He regularly paid land tax (kist) for the said land vide Receipt No. B-98- 585468 dated 12-12-1988 and Receipt No. B-93-593069 dated 25-12- 1989 which were also acknowledged by concerned VAOs. After the death of the petitioner's husband on 01-01-2002, the petitioner continued the cultivation and paid the kist regularly, vide Receipts No.C-75- 0822257 dated 06-12-2006 in BM as L.R. Rs.150 + L.C.S. Rs.50/- total amount Rs.200-80, which was also acknowledged by the concerned VAO. To protect the harvested tea leaves, the petitioner family built a 3/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 temporary shed on their land. However, the Kothagiri Revenue Inspector Ms. Sagunthalai and Village Administrative Officer Mr. Suresh, along with outsiders, forcefully demolished the shed without notice and demanded a bribe. Therefore, the petitioner had given a representation to the respondents on 07-07-2023, seeking protection against the trespassers in entering into the peaceful possession of her land. The respondents had acknowledged the complaint, however no action was taken. Hence, the present writ petition has been filed.
3. The respondents 2 to 5 filed a counter affidavit denying the averments made in the petitioner's affidavit, in which, it is stated that, they are unaware of Mr. K.Maliappan’s military service and the claim that the Government allotted him land lacks documentary proof. According to the records, Mr. Maliappan encroached upon 0.81 Hectares in Survey No. 51/79 now Survey No. 1100 of Nedugala-2 Village, Kotagiri Taluk, which is classified as “Village Grazing Land” belonging to the Revenue Department, not legally allotted to him. On 30.08.1979, a notice was issued to Mr. Maliappan in order to vacate the encroachment land, and since he failed to do so, ‘B’ Memo (Thanda Theervai – Fine for encroachment) were issued and collected. The land in question was 4/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 allegedly conveyed by Mr. Maliappan through an unregistered sale deed to one Ms. Mathiammal and through a registered power of attorney to one Mr. Krishnan in 1990, both of which are illegal as the land is owned by the Government. In 2022, Mr. Maliappan’s children themselves filed a complaint against Ms. Mathiammal, claiming that, the land was taken from them unlawfully. The Hon'ble High Court vide its order dated 11.01.2019 in W.P.Nos.3860 of 2004 batch, ordered to remove all the encroachments, and following the same, the Kothagiri Tahsildar vide proceedings dated 08.06.2022, passed necessary orders to remove the encroachment land in and around Kotagiri Taluk. Subsequently, all the illegal sheds erected were demolished on 24.05.2023, after notice and due process. Hence, it is stated that, no illegality was committed by the officials and they acted as per procedure, therefore, prayed to dismiss the present writ petition.
4. The 3rd respondent filed an additional counter affidavit, wherein it is stated that, the petitioner is unlawfully occupying the Government Poramboke Land (Survey No. 1100, Nedungula-II Village) classified as Maikaal Land meant for public use. Despite being given opportunities to 5/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 vacate, the petitioner and her family continued to encroach and erect structures in the land. The land was identified among 231 illegal encroachments following the High Court's order in W.P.Nos.3860 of 2004 batch, dated 11.01.2019 and action was taken as a part of Government initiative to remove the encroachments. It is also stated that, the petitioner doesn't hold any valid document to establish that, the aforesaid land was allotted to her husband. She claims the title over the land in dispute based on the fine receipts, which were imposed against the encroachers. The petitioner's husband has a full knowledge that, he stood under the capacity of a encroacher, however he continued to pay the penalty, and with ulterior motive, he executed an unregistered sale deed dated 14.05.1990, in favour of Ms. Mathiammal for a consideration of Rs.1,80,000/- for the Government land measuring an extent of 2.00 acres, comprised in Old Survey No.609, present Survey No.1100, situated at Nedugula Village, Kothagiri Taluk. Further, the petitioner's husband had also executed a General Power of Attorney in favour of Mr. Krishnan and the same was registered before the office of Sub Registrar, Kothagiri vide Doc.No.18/1990, dated 12.06.1990. Further, police complaint dated 27.01.2022, was lodged by Mr. Krishnan, who is the 6/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 power agent, against the petitioner in respect of the unregistered sale deed. Hence, it is stated that, the authorities have acted lawfully and within the High Court’s mandate and therefore, prayed to dismiss this writ petition.
5. The learned counsel appearing for the petitioner contended that, the petitioner belongs to scheduled caste community and that she is a widow of an ex-serviceman. Hence, she is entitled to seek for assignment of land as per G.O.Ms.1750, dated 13.05.1963. In support of his claim, the learned counsel for the petitioner has placed reliance on the judgment in W.P.(MD) No.14125 of 2010, dated 28.08.2012 [T.Mariammal vs. The Government of Tamil Nadu and 7 Others], wherein, this Court has held as follows:
“35. Having regard to the policy of the Government and taking into consideration the rights of poor landless scheduled caste persons and widow of an ex-serviceman, who has rendered his service to the country, the Government ought to have taken a pragmatic approach in dealing with the request of such persons, instead of rejecting the same, without adverting to the provisions in the Board Standing orders.
36....
37. Though it may be contended that it is the prerogative right of the Government to consider the grant of 7/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 of assignment of lands to landless poor, the discretion ought to have been exercised in the light of the policy of the Government and with reference to provisions under the Board standing orders.”
6. The Learned Government Advocate appearing for the respondents contended that, as per the revenue records, the subject land in Survey No.51/79, Nedugula Village, Kotagiri Taluk, belongs to the Government, which is classified as “Village Grazing Land”. The petitioner and 15 others had encroached into the said land. Hence, a notice was issued to the petitioner in order to vacate the encroachment land. The petitioner refused to vacate the encroachment, hence necessary charges were collected by way of B-memo.
7. The Learned Government Advocate further contended that, this Hon'ble Court in W.P.Nos.3860 of 2004 batch, dated 11.01.2019, issued orders to the 2nd respondent to identify the land in encroachments and to remove the same. Pursuant to the said orders, the authorities were directed to take appropriate action for the removal of the illegal encroachments. The petitioner, despite knowing the above facts, has continued to erect a shed in the Government land. Hence, the authorities 8/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 have entered into the said land and removed the illegal structure.
8. Heard both sides and perused the materials available on record.
9. On perusal of materials on records, it is seen that, the subject land in Survey No.51/79, Nedugula Village, Kotagiri Taluk, belongs to the Government, which is a “Maikaal Government Poramboke Land. The petitioner has contended that, the land was allotted to her husband after he retired from service, but she does not hold any valid document to prove the same. She claims title only based on the fine receipts, which were imposed against the encroachers.
10. It is also seen from the records, especially the additional counter affidavit filed by the 3rd respondent that this Court in W.P.Nos.3860 of 2004 batch, dated 11.01.2019, has directed the 2nd respondent / District Collector, Nilgiris, as follows.
“1. To conduct a Review Meeting with the concerned officials of all the Departments to identify all the encroachments in water bodies, water resources and 9/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 Government Poramboke lands in Nilgiris District within his jurisdiction within a period of two weeks.
2. The District Collector, Nilgiris District, was directed to issue suitable orders / instructions / circulars to all the concerned officials to initiate immediate action to evict all such encroachers in Government Poramboke lands, water bodies, water resources and to protect the Government Poramboke lands, Government properties, water resources and water bodies.”
11. It is further seen that, In compliance with the aforesaid directions issued by this Court, the 2nd respondent / District Collector has issued a circular and subsequently conducted a review meeting on 11.06.2019 to identify the encroachments made in the Government Poramboke lands in Nilgiris District, within his jurisdiction. Upon identification, it was found that, 231 encroachers have occupied the Government lands in Nedugula Village, Kothagiri Taluk, and among the 231, 15 encroachers occupied the Survey No.1100, including the petitioner, hence the authorities have entered into the said survey land and removed the illegal structure made in the said land. In view thereof, this Court does not find any illegal trespass or unauthorised presence on 10/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/05/2025 03:50:32 pm ) W.P.No.26314 of 2023 the above said property.
12. Accordingly, this Writ Petition is dismissed with the following direction:
“The respondents shall take statistical measures to identify and remove all encroachments on Government lands in Nedugula Village, Kothagiri Taluk, within a period of twelve weeks from the date of receipt of a copy of this order,following the earlier orders of this Hon'ble Court.”
13. In view of the above orders, connected miscellaneous petition is closed. No costs.
25.03.2025 raja Index : yes/no Internet : yes/no To
1. The Secretary to the Revenue Department, Fort. St. George, Chennai – 600 009.
2. The District Collector, Nilgiris District, Ooty.
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raja
3. The Tahsildar, Kothagiri, Nilgiris District.
4. The Revenue Inspector, Kothagiri Tahsildar Office, Nilgiris District.
5. The Village Administrative Officer (VAO) Kothagiri, Nilgiris District.
W.P.No.26314 of 2023
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