IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
P. Singaravelu - Appellant
Versus
The District Collector, Kamcheepuram & Others - Respondents
W.P.No. 19771 of 2016 & W.M.P.Nos. 17076 to 17078 of 2016 & Contempt Petition No. 750 of 2017
Decided on : 18-11-2021
Constitution of India, 1950 – Article 226 - Chennai City Municipal Corporation Act - Section 203 and 204 - Contempt of Courts Act, 1971 - Section 11 - Property tax – Land – Patta - Petitioner has filed present writ petition on his behalf and on behalf of other residents of his colony, who are numbering nearly 2000 residents - Petitioner states that residents of that locality belong to Schedule Caste and Schedule Tribe community and most backward Harijans - Petitioner states that their predecessors were residing in that locality even during pre-independence and were engaged by Britishers for menial jobs - Chennai Corporation has assessed property tax, water tax in respect of residents, and they are paying all charges punctually - It is contended that pucca residential dwelling units are put up by petitioner and other persons in their patta lands and their predecessors in title themselves were living from time immemorial – Held, Considering facts and circumstances, this Court is able to form a clear opinion that, the petitioner has not established any right for purpose of granting relief and further more Survey mentioned in prayer in the writ petition are classified as defense lands and such lands cannot be reclassified in favor of any private individuals- Respondents are directed to evict all encroachers from Government lands procedures and provide alternate accommodation by allotting tenements/land for the eligible poor, downtrodden people enabling them to get accommodation under the Government Welfare schemes - In this regard, if necessary a Special Scheme may be formulated by identifying suitable land or allotments are to be made through Tamil Nadu Urban Habitat Development Board or through Schemes to be formulated by the Adi-dravidar Welfare Department of the Government of Tamil Nadu - Writ petition stands disposed of.
JUDGMENT :
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records of the District Collector dated 17.12.1987 in assigning the lands notified and classified as Government Promboke in the Revenue A Register S.F.No.89, 90, 96, 97, 98, Tulasingapuram at Nandambakkam within Chennai Corporation limits on the file of District Collector, Kancheepuram and quash the same and consequently direct the respondents 1 to 4 to measure ear mark the lands in S.F.No.89 East West 357 feet and North South 45 feet and in S.F.No.90 North South 316 feet East West 45 feet as approach road direct the respondent 5 to lay a pucca approach road as per Section 203 and 204 of the Chennai City Municipal Corporation Act and further direct the 2 respondent Tahsildhar to change the patta in the name of the Corporation Chennai further direct the respondents 1 to 5 to construct immediately
1. Public Convenience Toilets
2. A Elementary Schools from Standard 1 to 5
3. A Community Centre and
4. A Temple.
As before in S.F.No.96, 97 and 98 Tulasingapuram, Nandambakkam, Ward 158 Chennai Corporation limits, Chennai 600 016.
Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents 3 & 4 and the 2nd respondent from granting permission to put up construction of compound wall after the order of Status quo order dated 14.06.2016 in W.P.No.19771 of 2016 under the provisions of contempt of Courts Act and the rules framed thereunder.)
The lis on hand has been instituted questioning the entry made in revenue records by the District Collector dated 17.12.1987, thereby assigning the lands notified and classified as Government Poramboke in the Revenue 'A' Register S.F.Nos. 89, 90, 96, 97, 98, Tulasingapuram and Nandambakkam within Chennai Corporation limits on the file of the District Collector, Kancheepuram and quash the same and consequently, direct the respondents 1 to 4 to measure ear mark the lands in S.F.Nos.89 East West 357 feet and North South 45 feet and in S.F.No.90 North South 316 feet, East West 45 feet as approach road direct the respondent 5 to lay a pucca approach road as per Section 203 and 204 of the Chennai City Municipal Corporation Act and further direct the 2 respondent Tahsildhar to change the patta in the name of the Corporation Chennai further direct the respondents 1 to 5 to construct immediate Public Convenience Toilets, Elementary School from Standard 1 to 5, A Community Centre and a Temple. As before in S.F.No.96, 97 and 98 Tulasingapuram Nandambakkam, ward 158 Chennai Corporation limits, Chennai 600 016.
2. The petitioner has filed the present writ petition on his behalf and on behalf of the other residents of his colony, who are numbering nearly 2000 residents. The petitioner states that the residents of that locality belong to Schedule Caste and Schedule Tribe community and most backward Harijans.
3. The petitioner states that their predecessors were residing in that locality even during pre-independence and were engaged by the Britishers for menial jobs. The Chennai Corporation has assessed the property tax, water tax in respect of the residents, and they are paying all the charges punctually.
4. It is contended that pucca residential dwelling units are put up by the petitioner and the other persons in their patta lands at Tulasingapuram and their predecessors in title themselves were living from time immemorial.
5. The father of the petitioner has made a representation to the District Collector for assignment of the land to the colony people. The petitioner also submitted an application to assign the said land in favour of the people, who all are residing in that locality. It is further contended that as per the revenue records and 'A' Register, S.F.Nos.98, 95, 96, 97 are donated to Kothandarameswarar Temple
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