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2018 Supreme(Mad) 4158
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
R. Shanmugaraj – Appellant
Versus
The District Collector, Tiruppur District & Others – Respondents
W.P. No. 2855 of 2013 & M.P. No. 1 of 2013
Decided on : 01-11-2018
Advocate Appeared:
For the Petitioner:M/s. M.A.P. Thangavel, Advocate.
For the Respondents:R.S. Selvam, R.A.S. Senthil Vel, Advocate.
The main legal point established in the judgment is that disputes regarding ownership of Natham land should be resolved in the competent civil court, and the government has the authority to allot Natham land for public purposes.
Headnote:
Natham Land Dispute - Property Ownership - Natham Land Development Scheme, 1994, Circular No.K3/14710/2015 - The court discussed the ownership of Natham land, citing relevant legal provisions and circulars, and concluded that the petitioner's claim over the Natham land was impermissible.
Fact of the Case:
The petitioner claimed ownership of a vacant land, alleging inheritance from his great grandfather. The government disputed the claim, stating that the land was classified as 'Natham' and vested with the government. The government had allotted portions of the land for various public purposes.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioner's claim over the Natham land was impermissible. The court emphasized that complex disputes regarding title, ownership, and possession should be resolved in the competent civil court and not through a writ petition.
Issues: Ownership of Natham land, validity of the petitioner's claim based on inheritance, and the government's authority to allot and use Natham land for public purposes.
Ratio Decidendi: The court held that the petitioner's claim over the Natham land was impermissible, emphasizing that such disputes should be resolved in the competent civil court. The court also highlighted the government's authority to allot Natham land for public purposes.
Final Decision: The writ petition was dismissed, and no costs were awarded to either party.
1. The relief sought for in the present writ petition is to forbear the respondents from putting up any construction on Panthampalayam Natham S.No.568, Cheyur Village, Avinashi Taluk, Tiruppur District by considering my representation dated 07.01.2013.
2. The learned counsel for the writ petitioner made a submission that the properties situated at Panthampalayam Natham S.No.568, Cheyur Village, Avinashi Taluk, Tiruppur District originally belonged to one Nachi Achari, who is none other than great grand father of the writ petitioner. The total extent of the property is about 5,400 sq. ft. Thereafter, on 06.03.1945, the grand father of the writ petitioner namely Shri.Ramalingam and his sons Avinashiappa Achari, Marappa Achari and Rangasamy Achari had divided the property in dispute in the present writ petition and other properties. As far as the property at Panthampalayam Nantham S.No.568 is concerned, it was allotted to the grand father of the writ petitioner and his brothers Ramalingam and Rangasamy Achari.
3. The petitioner states that his father Shri.Rajamanickam had inherited the property and now the petitioner is the absolute owner of the property. The property in question is a vacant land and the local Authority has not assessed the same for tax and there is no demand. The petitioner has not paid any tax to the Authorities concerned. On 07.01.2013, the respondents trespassed in to the property and attempted to construct the pucca structure. When the writ petitioner objected the same, they informed that they are going to construct Government Hostel in the property described in the present writ petition which is not permissible.
4. The learned counsel for the writ petitioner states that, the petitioner cannot be evicted without following the due process of law. In this regard, the petitioner raised an objection and sent a representation on 07.01.2013 through registered post. However, no action has been taken and therefore the petitioner is constrained to move the present writ petition. The learned counsel for the writ petitioner mainly contended that the writ petitioner inherited the property from his father who in turn inherited from his grand father and from his great grand father. Thus, the writ petitioner is the absolute owner of the land in question.
5. The Learned Government Advocate appearing on behalf of the respondents disputed the contentions raised by the writ petitioner's by stating that the writ petitioner is not at all the owner of the property described in the present writ petition. Relying on the counter affidavit filed by the 2nd respondent, the Learned Government Advocate states that as per the revenue records (Village A Register) in S.Field.No.568 of Cheyur Village, Avinashi Taluk, Tiruppur District is classified as "Natham". The extent of the said Survey Field is 0.76.P. Hecter. As per the Natham Land Development Scheme, 1994 the said S.F.No.568 of Cheyur Village was subdivided as S.F.Nos.568/1, 568/2, 703/1, 703/2,704/1, 704/2,704/1,704/2,704/3,704/4,705/1,705/2,705/3.
6. On 29.04.2015, S.F.No.704/2 was subdivided as S.F.No.703/2, S.F.No.703/3 and on 30.12.2002, S.F.No.704/1 was subdivided as S.F.No.704/1 and S.F.No.704/7 and S.F.No.704/2 was subdivided as S.F.No.704/2, 704/5, 704/6. In the year of 2005 S.F.No.705/3 was subdivided as S.F.No.705/3, 705/4, 705/5. It is further contended that as per the village adangal the S.F.No.568/1 is classified as "Natham Vacant Land". S.F.No.568/2, 703/1, 704/1, 704/2, 705/1, 705/2 are classified as "Natham" in village adangal. Hence, the said survey fields are vested with the Government. The said fields are not assessed with any tax and not granted any patta to any private persons.
7. The S.F.No.703/2 is classified as "Aathidravidar Government Hostel". Agricultural Officer's quarters is situated in S.F.No.704/3. In S.F.No.704/3 patta is granted in favour of A.Mariappanpannadi in S.F.No.704/5 pattta is granted in favour of M.Nahendran and 7 others. In S.F.No.704/6 p
