Madras High Court
R.Munisamy vs The District Collector on 5 July, 2010
Author: K.B.K.Vasuki
Bench: K.B.K.Vasuki
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.07.2010 CORAM: THE HONOURABLE MS. JUSTICE K.B.K.VASUKI W.P.No.18100 Of 2010 and MP.Nos.1 of 2009 and 1&2 of 2010 R.Munisamy .. Petitioner Vs. 1.The District Collector, Vellore District. 2.The District Revenue Officer, Vellore District. 3.The Revenue Divisional Officer, Vellore District. 4.The Thasildar, Vellore Taluk, Vellore District. 5.M.Krishnan 6.C.Murugesan .. Respondents Prayer : Writ Petition is filed under article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to assign patta in the name of Middle School at Eraivankadu Village in respect of Mandapam Poramboke land in S.No.272 measuring about 1.53.0 hectors of land and not to assign in favour of individuals, ignoring the interest of Eraivankadu Panchayat Board and general public. For Petitioner : Mr.R.Margabandhu For Respondents : Mr.T.P.Prabakaran ORDER
The writ petition is filed by the petitioner in his capacity as the President of Anaicut Panchayat Union in Eraivankadu Village against granting assignment of patta in respect of the land classified as Mandapam Promboke in S.No.272 measuring about 1.53.0 hectors of land in favour of any individual except in the name of Middle School at Eraivankadu Village
2. The petitioner has made representation to the respondents seeking transfer of patta in respect of the land in question, in the name of Government Middle School in Eraivankadu Panchayat in pursuance of the resolution passed on 30.07.2008, on the ground that the land under question classified as Mandapam Poramboke vests with Eraivankadu Panchayat and the same is required for putting up school building and play ground for the existing middle school pending proposal for upgradation of the same as High School before the authority concerned and there is no other place for being used for High School building purpose and in the event of the same, being assigned in favour of the 3rd parties other than the school, the same is likely to affect the upgradation process and also the right of the village children to get better education. Though the respondents duly received the representation from the petitioner, the same was not disposed of by the respondents, which compelled the petitioner to approach this court for the appropriate writ relief as above referred to. The relief sought for by the petitioner in this writ petition, is seriously opposed by the individual respondents 5 and 6 who got impleaded themselves in this writ petition.
3. According to the respondents 5 and 6, they are in possession and enjoyment of major extent of the land comprised in the survey number in question and the same is sought to be interfered with by the Panchayat authority as a result the 5th respondent Krishnan filed civil suit in O.S.No.8 of 2000 for the relief of declaration and consequential injunction restraining the authority from disturbing his peaceful possession and enjoyment of the property measuring 0.41.0 hectares and the Village Panchayat President in his official and individual capacity are arrayed as the respondents 1 & 2 and they were duly represented by the counsel at the initial stage and later they were set exparte for not filing their written statement and the suit was, by judgment dated 04.12.2002, decreed exparte and the plaintiff therein, who is the 5th respondent herein is granted the relief of possessory title and consequential injunction against any interference by the Panchayat Board with the plaintiff's possession and enjoyment of the suit property measuring 0.41.0 hectares and the decree granted in O.S.No.8 of 2000 is still in force and thereafter the respondents 5 and 6 have been in possession and enjoyment of their respective extent by putting up construction, by obtaining electricity connection, by paying B.memo Kist and property tax receipts as assessed by panchayat and by cultivating "Solam" etc. It is further, contended by the respondents 5 and 6 that the Panchayat had as early as on 20.02.2002 passed a resolution duly signed by the President expressing no objection to issue patta in the name of the respondents and the report submitted by the revenue authority do also speak about the possession and enjoyment of the land in question by the respondents 5 and 6 and 'A' notice was also issued to the petitioner for assigning the land to the respondents at free of costs and till date no objection is received from any quarters against assigning patta in favour of the respondents 5 and 6, and the issuance of patta to respondents 5 and 6 is stopped by virtue of the pendency of the present writ petition.
4. In support of the contentions as above referred, the respondents have also produced the following records :
1.Statement recorded by VAO
2.'A' register extract
3.Copy of the Judgment and decree made in O.S.No.8/2000
4.Resolution No.48, dated 20.02.2002 passed by Eraivankadu Panchayat.
5.Inspection report dated 02.01.2009 by DRO, Vellore.
5. The perusal of the documents which are enclosed in the typed set of papers filed by the respondents 5 and 6 would fully support the claim raised by the respondents 5 and 6 about the exparte decree passed in favour of the 5th respondent, about the report of the revenue official admitting their possession and enjoyment of the land in question and recommending the transfer of patta of land in question in the name of the respondents 5 and 6 on the strength of their possession.
6. That being the nature of the dispute raised in respect of the land in question, the relief sought for in this writ petition cannot be duly and effectively decided herein. It is for the competent revenue official to decide the claim made by the contesting parties for assignment of land in either of their favour in the light of the materials produced in support of the factual contention raised on their side.
7. Thus, this court is of the considered view that it would be only appropriate to direct the 4th respondent to dispose of the representation dated 11.06.2009 made by the writ petitioner, after giving due notice to the writ petitioner and the respondents 5 and 6 and after giving due public notice calling for any objection and after duly hearing the contesting parties herein and other objectors, if any, and to pass appropriate order on the basis of the materials available, as per law. The whole exercise shall be completed by the 4th respondent within 8 weeks from the date of receipt of copy of this order. The parties are also at liberty to workout their remedy, if any, before the civil forum.
8. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
05.07.2010 tsh/vsm Index : Yes/No. Internet : Yes/No. To 1.The District Collector, Vellore District. 2.The District Revenue Officer, Vellore District. 3.The Revenue Divisional Officer, Vellore District. 4.The Thasildar, Vellore Taluk, Vellore District K.B.K.VASUKI, J. tsh/vsm Pre-Delivery order in W.P.No.18100 Of 2009 and MP.No.1/2009 & 1&2/2010 05.07.2010.