Research › Search › Judgment

Madras High Court · body

2005 DIGILAW 1619 (MAD)

Makkal Nala Sangam Paramakudi v. The District Collector & Another

2005-09-27

P.SATHASIVAM, S.K.KRISHNAN

body2005
Judgment :- (Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from evicting residents of Karunanithipuram, Paramakudi, Ramanathapuram District and demolishing their houses situate in Grama Natham Poramboke S.No.94/5, T.S.No.1, 2 and 3, Ward G, Block No.26 and 27, Karunanithipuram, Paramakudi, Ramanathapuram District and grant patta to the said residents in respect of their houses.) P. Sathasivam, J. Makkal Nala Sangam, Paramakudi, filed the above Public Interest Litigation, seeking to issue writ of Mandamus, forbearing the respondents from evicting residents of Karunanithipuram, Paramakudi, Ramanathapuram District and demolishing their houses situate in Grama Natham Poramboke S.No.94/5, T.S.No.1, 2 and 3, Ward G, Block No.26 and 27, Karunanithipuram, Paramakudi, Ramanathapuram District and grant patta to the said residents in respect of their houses. 2. In the affidavit filed in support of the above writ petition, it is stated that the members of the Sangam have constructed 110 houses in Urani poramboke in S.No.94/5 in Kattu Paramakudi Group, Kattu Paramakudi Village, Karunanithipuram, Ward-G, Block No.26 and 27, T.S.Nos,1,2,3. Most of them are living in the houses constructed by their forefathers and fathers. The Paramakudi Municipality has formed road for their use in the residential place. They have got electric connection to their residences, besides water connection from the Municipality. They are living there to the knowledge of the Government and Government officials and paying house tax and water tax etc.,. It is further stated that some of the officials and the then Collector converted the poramboke land into village Natham to enable them to get patta in respect of their holdings, as per the proceedings issued in the month of September, 2000. In the said proceedings, it is stated that the respondents cannot be evicted from that place and therefore the patta should be given to them. Instead of granting patta, now the Revenue officials are threatening that they would evict from their houses, which necessitated the Sangam to approach this Court to file the above writ petition. 3. Ms.Ambhujam Selvarani, learned Special Government Pleader appearing for the respondents, on instruction reports that all the lands/place where the members of the petitioner's Sangam residing belongs to the Government and it is a Natham Poramboke. She also informed this Court that by occupying the said lands, some of them have constructed pucca buildings. In support of her claim, she produced photographs. She also informed this Court that by occupying the said lands, some of them have constructed pucca buildings. In support of her claim, she produced photographs. 4. On the other hand, Mr.O.Venkatachalam, learned counsel appearing for the sangam would submit that the occupants are poor and daily wagers. They constructed only tiled houses and in support his claim, he also produced photographs. Even though it is the claim of the petitioner that the Tahsildar concerned recommended their case for grant of patta, according to the learned counsel, no order has been passed by the higher authorities, by granting patta. It is also the claim of the learned Special Government Pleader that the respondents are ready to grant patta in favour of the members of the Sangam, provided if they pay the charges/amount as fixed by the Revenue Officials. 5. In the light of the above factual details furnished by both sides, we are of the view that there cannot be any blanket mandamus as claimed by the petitioner's Sangam. However the Sangam or its members are free to make representation highlighting their grievances. If any such representation is made, it is for the authority concerned to pass orders on merits in accordance with law. 6. With the above observation, the writ petition is disposed of. Consequently, connected WPMP is closed. No costs.