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2022 Supreme(Mad) 1635

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY, JJ.
Bethel Nagar Residents Welfare Association, Represented by its President, M.G. Annadurai, Chennai - Appellant
Versus
Government of Tamil Nadu, Represented by its Chief Secretary to Government, Chennai & Others - Respondent
W.P. No. 1738 of 2022
Decided On : 27-04-2022

Advocates appeared:
For the Petitioner:R. Anandha Babu, Advocate. For the Respondents:R1 to R7 & R9 to R11 & R13, R14, J. Ravindran, Additional Advocate General Assisted by P. Muthukumar, State Government Pleader, R8 & R12, J. Karthika Ashok, Standing Counsel.

Headnote:

Writ Petition - Land Disposal - G.O.Ms.No.318, G.O.Ms.No.480, G.O.Ms.No.567 - The court discussed the reclassification of meikkal poramboke land and the issuance of house site pattas to the residents. The court concluded that the meikkal poramboke land cannot be converted and allotted as a house site based on the judgment of the Hon'ble Supreme Court of India in Rameshbhai Virabhai Chaudhari Vs. State of Gujarat. The court also highlighted the public trust doctrine and the duty of the State to protect public resources.

Fact of the Case:

The petitioner, Bethel Nagar Residents Welfare Association, filed a Writ petition on behalf of its members to direct the respondents to consider and dispose of the petitioner's detailed representation and to implement the benefits of Peoples Welfare Schemes of the Government of Tamil Nadu contained in G.O.Ms.No.318, G.O.Ms.No.480, and G.O.Ms.No.567. The members of the petitioner association have been residing in the area for more than twenty years and have sought patta for the land they occupy.

Finding of the Court:

The court found that the meikkal poramboke land cannot be converted and allotted as a house site based on the judgment of the Hon'ble Supreme Court of India in Rameshbhai Virabhai Chaudhari Vs. State of Gujarat. The court also emphasized the public trust doctrine and the duty of the State to protect public resources. The court dismissed the Writ Petition and concluded that the prayer of the petitioner association to reclassify the meikkal poramboke land and allot house sites to the encroachers cannot be permitted.

Issues: The issues involved in the case included the reclassification of meikkal poramboke land, the issuance of house site pattas to the residents, and the application of the public trust doctrine.

Ratio Decidendi: The court's decision was based on the judgment of the Hon'ble Supreme Court of India in Rameshbhai Virabhai Chaudhari Vs. State of Gujarat, which held that grazing land should be used only for the purpose for which it is permitted and no encroachment on such land is permissible. The court also emphasized the duty of the State to protect public resources under the public trust doctrine.

Final Decision: The Writ Petition was dismissed, and no costs were awarded. The court concluded that the prayer of the petitioner association to reclassify the meikkal poramboke land and allot house sites to the encroachers cannot be permitted.

JUDGMENT

(Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus to direct the respondents to consider and dispose of the petitioner detailed representation, dated 13.09.2019 within a stipulated time fixed by this Court, consequently, to direct the respondents 1 to 6 to implement the benefits of Peoples Welfare Schemes of Government of Tamil Nadu Orders in G.O.Ms.No.318, Revenue and Disaster Management Department Land Disposal Wing [LD1 (2)] Section, dated 30.08.2019, G.O.Ms.No.480, Revenue and Disaster Management Department Land Disposal Wing [LD1 (2)] Section, dated 11.09.2020 and G.O.Ms.No.567, Revenue and Disaster Management Department Land Disposal Wing [LD1 (2)] Section, dated 17.09.2021 to the families living and residing in S.No.282/2, Injambakkam, Sholinganallur Taluk, Chennai District – 600 115.)

D. Bharatha Chakravarhy, J.

1. The petitioner, namely Bethel Nagar Residents Welfare Association has filed this Writ petition for and on behalf of its members who are the occupants of the area known as Bethel Nagar comprised in S.No.282/2, Injambakkam Village, Sholinganallur Taluk, Kanchipuram District, which is a sub-urban area to the Greater Chennai City Municipal Corporation.

2. The prayer in this Writ Petition is to direct the respondents to consider and dispose of the petitioner's detailed representation, dated 13.09.2019 within the time stipulated by this Court and consequently, to direct the respondents 1 to 6 to implement the benefits of Peoples Welfare Schemes of the Government of Tamil Nadu contained in G.O.Ms.No.318, dated 30.08.2019, G.O.Ms.No.480, dated 11.09.2020 and G.O.Ms.No.567, dated 17.09.2021.

3. The petitioner is an association working for the general welfare and upliftment of its members who are poor residents of the Bethel Nagar area. The subject matter land is situated in Injambakkam village which is a traditional coastal village, having agricultural activities. The members of the petitioner association settled in the above Survey No.282/2 more than twenty years ago and started living peacefully. They have been provided with all the basic amenities such as electricity supply, Ration Card, Aadhar Card, gas connection and Voter Identity Card and their houses are assessed to property tax, water tax and streets have been formed and street lights are provided and they have all the other residential proofs such as Aadhar Cards, Driving Licenses, bank accounts etc., from the above address to prove their continuous long and recognised possession.

4. While so, the association, which was formed in the year 1997 and prior to that the individual residents, started approaching the respondents/authorities to grant patta by assigning the respective lands for the residents who have occupied minimum extent of land and built their houses etc. By an order, dated 23.10.2008 passed by the fifth respondent, namely, the Commissioner of Land Administration, Chennai directed the District Revenue Officer, Kanchipuram, the ninth respondent herein, to examine the petitions submitted on behalf of the members of the petitioner association and to survey the land and directed sending of a detailed report with relevant documents and the village accounts. Thereafter, by a letter, dated 10.02.2009 of the Assembly Secretariat, the fifth respondent was informed that the Estimate Committee recommended to conduct full inspection and full survey with respect to the land comprised in S.No.282/2 being grazing land poramboke, Injambakkam where 90 persons are residing in the area known as Bethel Nagar and to take action to issue patta to them by duly passing resolution through the panchayat and through the district administration.

5. The Assembly Secretariat further issued a communication, dated 29.10.2009 reminding the earlier recommendation of the Estimate Committee. Further the said authority also, by its letter, dated 03.12.2009, directed District Collector, Kanchipuram, namely seventh resp

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