2015 Supreme(Mad) 2934
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S.KARNAN, J.
R.Lakshmi - Petitioner
Vs.
The Forest Settlement Officer & Ors. - Respondents
W.P.No.15358 of 2014 & M.P.No.1 of 2014
Decided On : 22/09/2015
For Petitioner: Mr.R.Chandrasekaran
For Respondents: Mr.M.K.Selvamanian
Spl. Govt. Pleader for R1 to R3
Mr.M.S.Ramesh Addl. Govt. Pleader for R4 Mr.V.Selvasekaran for R5
The judgment emphasizes the importance of land classification, entitlement to patta, and the consequences of encroachment under the Tamil Nadu Forest Act, 1882 and related government orders.
Headnote:
Encroachment - Land Dispute - Tamil Nadu Forest Act, 1882 - G.O.Ms.No.854, Revenue Department, dated 30.12.2006 and G.O.43 - Rajiv Aavas Yojana Housing Scheme - Tharisu land - Reserve Forest - Patta - Encroachment Act, 1905
Fact of the Case:
The petitioner, a coolie worker, has been residing in a disputed area for nearly 30 years and has constructed a building. The respondents have classified the area as forest land, but the petitioner claims it is Tharisu land. The petitioner has sought patta based on government orders and representations. The respondents have resisted, claiming the land is part of a Reserve Forest.
Finding of the Court:
The Court dismissed the writ petition, citing previous similar cases and rejecting the petitioner's claim. The Court found the petitioner's occupation to be unlawful and as an encroacher.
Issues: Dispute over land classification, entitlement to patta, and encroachment.
Ratio Decidendi: The Court found the petitioner's claim to be unlawful and dismissed the writ petition based on previous similar cases and the rejection of the petitioner's claim by the Forest Settlement Officer.
Final Decision: The writ petition was dismissed, and no costs were awarded.
The petitioner submits that he is residing at No.3/639, VPG Avenue Extension, Mahalakshmi Nagar, Mettupkuppam, Thuraipakkam, Sholinganallur Taluk, Chennai-97 in S.Nos.657/3A2, 3A3E, 3A3K for nearly 30 years. The petitioner is a coolie worker settled down in the said area for the past 30 years. She has constructed a building and residing there with her family members. Except the present land, she does not have any other land for their livelihood. There are totally 352 families residing in the said area, but the respondents have wrongly considered this area as forest land and further, as per the revenue records, this land was classified as "Tharisu" land. Therefore, it is in no way connected with the respondents. The petitioner further submits that she is regularly paying house tax for her building and land. Further, ration card has also been issued to her by the Revenue Department. Electricity Service connection has also been given to her and voter identity card, Aadhar card have also been issued to her. Further, drinking water facility, road facility, street light facilities and all other basic amenities have been provided to her area by the Corporation of Chennai and her area is nearby to Old Mahabalipuram Road.
2. The petitioner further submits that in the Mettukuppam, VPG Avenue Extension, Anganvadi is being run by the Government to cater for education needs to the children. Apart from that other schools like Little Angle School etc., are also functioning and the children in large are from the above said area and are studying in such schools. The petitioner further submits that the land in which she is residing is classified as "Tharisu"and Grama Natham. Further, the Government issued a Government Order in G.O.Ms.No.854, Revenue Department, dated 30.12.2006 and G.O.43 that those who are residing in the Government land for more than 10 or 5 years are entitled to get patta in their favour. On the basis of the said Government Order, the petitioner made representation to the respondents seeking issuance of patta in her favour, considering the vital fact that she is residing in the VPG Avenue Extension, for the past 30 years. Further, a representation made by her was forwarded by the Legislative Assembly of Tamil Nadu, to the Revenue Divisional Officer, Kancheepuram District, for granting patta and the said representation is under consideration for granting patta in her favour. The petitioner has also made another representation dated 10.08.2009, seeking patta and finally, she has given representation on 17.04.2014. The petitioner further submits that a private I.T. Park, Private Companies, an Engineering College in the name and style of Thangavelu Engineering College have been set up in that locality, wherein she is residing. The respondents have allowed the said I.T. Industry and Engineering College to function, but disturbing her alone in the name of forestation and as such, all the people in the area are very much affected.
3. The petitioner further submits that the Secretary to Government, Housing and Urban Development Department, has issued a letter dated 04.06.2012 to the petitioner in connection with the construction of houses under "Rajiv Aavas Yojana Housing Scheme" to develop the economically weaker sections in the land and locality wherein, the petitioner is residing at present. The above scheme is funded by World Bank. The petitioner further submits that the first respondent in his letter dated 23.08.2012 has informed her that patta would be granted to her very soon.
Since the patta has not been granted to her so far, patta proceedings are initiated by the Revenue Authorities. In the mean time, the respondents are disturbing the petitioner. The petitioner further submits that the Executive Engineer of Tamil Nadu Slum Clearance Board has issued a letter dated 10.04.2013 to the petitioner that "Rajiv Aavas Yojana Hou