The larger public interest in preserving water catchment areas prevails over individual claims to land, and the government has discretion in land assignment.

(PRAYER: Writ petition filed under Article 226 of the Constitution of India for the issue of a writ of Certiorarified Mandamus calling for the records of the impugned order of the first respondent in Ref.36184/Nimu3.2/ 99-5 Revenue (Ni.Mu 3.2) Department, dated 3.5.2000, quash the same and direct the respondents herein to grant patta with reference to the land in old S.No.4359 new S.No.334/2, Thovalai Taluk, Thovalai Village, Kanyakumari District to an extent of 1 acre 65 cents.)

The petitioner seeks for a Certiorarified Mandamus to call for the records of the impugned order of the first respondent dated 3.5.2000, to quash the same and to direct the respondents to grant patta with reference to the land in old S.No.4359 new S.No.334/2, Thovalai Village, Kanyakumari District.

2. The petitioner claims to be a landless Ex-serviceman and after rendering 15 years of regular Air force service, he was discharged from duties. He was allotted 1.65 acres of land and the nature of the land allotted to him was Kuthagai Pattam. Since then, he was paying tax regularly. Subsequently, Kuthagai Pattam was converted into B-Memo. Since 1968, he was enjoying the land and he belongs to a poor family and has no land of his own for cultivation. The petitioner had represented to the District Revenue Officer through the Assistant Director on 14.12.1992. The Assistant Engineer, P.W.D., granted approval certificate for the lease of the land. The allotted land was not in the water spread area. He had spent Rs.70,000/- for levelling the land, filling up of the pits and constructing feeding canal. Thus, the barren land was converted into a paddy land rendered due to his efforts since 1968. The District Revenue Officer, Nagercoil, by his letter dated 2.4.1998, taking into account his continuous possession and enjoyment, recommended for the change of classification from tank poramboke to Assessed Waste Dry for eventual assignment of the land to the petitioner. The Chief Engineer, P.W.D., is also stated to have given a report enforcing the said recommendation. However, in their recommendation to the first respondent, the first respondent was requested to approve the grant of patta. However, the first respondent refused to grant patta without perusing the records and by stating that the land was tank poramboke. Hence, the above writ petition.

3. In the counter affidavit filed by the respondents, it is stated that the land in R.S.No.334/2 is of a total extent of 21.15.5 hectares of land which is classified as Ponnankulam Poramboke. An extent of 0.64.0 hectares is under the continuous enjoyment of the petitioner. He had reclaimed the land by spending huge amount. Kuthagapattam was given to him for a period of three years from 1968. Thereafter, B-Memo charges are levied. It is true that the village panchayat, by resolution dated 20.1.1997, expressed its consent for the change of classification and assignment in favour of the petitioner. The Assistant Engineer, P.W.D. and the Chief Engineer, P.W.D. had given their consent for the assignment. The petitioner had given his consent for remitting the value of the land, if the land was assigned to him. Though the tank had ayacut lands and the area is being fed by Thovalai Channel, the proposal for converting the classification into Assessed Waste Dry for eventual assignment, was sent to the Government through the Special Commissioner. It is further submitted that the Commissioner, by his letter dated 3.9.1998, had requested consideration of details regarding the fact whether there were other encroachments as found in the channel area on the same footing as that of the petitioner and whether assignment to the petitioner will lead to similar demands from other encroachers. The point raised by the Commissioner was examined and finally a report was sent to the Commissioner stating that the assignment to the petitioner will lead to similar demands from other encroachers and it would pave the way for others for encro