S.M. SUBRAMANIAM, J.

1. The relief sought for in the present writ petition is a direction to direct the respondents 2 and 4 to pass orders to assign the house site to the petitioner in Survey Nos.3850 and 3860 of Tondiarpet Village, Chennai District in No.1, Ezhil Nagar, 4th Street, Panakkaran Nagar, Kodungaiyur and issue patta to the petitioner based upon the representation submitted by him on 03.12.2013.

2. The affidavit filed in support of the writ petition states that the lands in S.Nos.3850 and 3860 of Tondiarpet Village, were originally classified as ''Government Poramboke'' and has been declared as ''waste land'', which were left unoccupied and unutilized by the Government. Thus, the said lands were occupied by many families including the family of the writ petitioner. The petitioner claims that he belongs to the Adi-Dravidar community and is repatriated from Burma and few other persons, who are also in occupation of the land, are repatriated from Burma and Andhra Pradesh.

3. The grievance of the writ petitioner is that he is in possession and enjoyment of the land in question, for many years. However, the petitioner states that the land is classified as ''Government Poramboke land''. The petitioner, along with the other similarly placed persons made a representation, which was not considered by the respondents. Earlier, the petitioner filed W.P.No.3999 of 2006 and this Court directed the authorities to consider the representation. However, the case of the writ petitioner and the other similarly placed persons were not considered for grant of patta by the authorities concerned. The repeated contention set out in the writ petition is that as per the Government Orders, the said Poramboke land can be allotted to landless poor people. The petitioner and the other similarly placed persons are in occupation of the land for many years. Thus, they are entitled for grant of patta in respect of the land in their possession and enjoyment.

4. The learned Government Advocate appearing on behalf of the respondents 1 to 3, disputed the contentions by stating that the land in S.Nos.3850 and 3860 of Tondiarpet Village, is recorded in the Permanent Land Register of Taluk Office, Tondiarpet Taluk, as follows :

''1. District Chennai Chennai

2. Taluk & Village Tondiarpet Tondiarpet

3. Block No.

4. Survey No.

5. Extent 36 Cawnies - 23 Grounds - 0130 Sq.ft 40 Cawnies - 05 Grounds - 0411 Sq.ft

6. Classification Government Poramboke Government Poramboke

7. Description of the field Waste on the western side of the Buckingam Canal Waste on the western side of the Buckingam Canal''

5. It is contended that the Tahsildar, Tondiarpet Taluk, had inspected the above said lands on 27.08.2015. In the inspection report, the Tahsildar has asserted that the above said lands are used by the Greater Chennai Corporation for dumping the garbages. On the Eastern side of the land in question, there is a compound wall in six feet height. Adjacent to the compound wall, Buckingam Canal flows. There is a compound wall on the Southern side in ten feet height. Adjacent to the compound wall, there is a sewerage canal leading to the Sewerage Treatment Plant. The Tahsildar, Fort-Tondiarpet Taluk, in Proceedings No.A1/7256/1977, dated 10.04.1978 had levied Fair Competitive Rent (FCR) to the encroachers, who encroached the above said lands. During the rainy season, the excess water flowing in the above said two canals will emerge in the land in question viz., S.Nos.3850 and 3860 of Tondiarpet Village. The encroachers had constructed 14 small independent houses with tar sheets and one asbestos roofing house, adjacent to the dumping yard in the land in S.No.3850 of Tondiarpet Village. Electricity connection was given to the above dwelling houses by erecting five pillars based on the judgment of this Court, for supply of power. The dwellers of the above houses are using the pathway on the canal of Thoppai Vinayagar Koil Street, Ezhil Nagar.

6. It is further contended that the Gover