Entitlement to patta as per Board Standing Orders and government policy, and the duty of revenue authorities to comply with court decrees and government orders.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent 2 to 5 to grant/issue patta to petitioners in respect of our lands/house sites in old S.Nos.64, 106B & 107 of Vaigai Nallur North-Village, Kulithalai Taluk subsequently comprised within Survey Number 81, ward No.22, behind Library, Kulithalai.)

1. The writ petition has been filed seeking for a Mandamus to direct the respondents 2 to 5 to grant patta to the petitioners in respect of their lands/house sites in old S.Nos.64, 106B & 107 at Vaigai Nallur North-Village, Kulithalai Taluk, which has been subsequently renumbered as S.No.81, Ward No.22.

2. Heard Mr.H.Lakshmi Shankar, learned counsel for the petitioners and Mr.V.OM.Prakash, learned Government Advocate for the respondents 1 to 5.

3. Mr.H.Lakshmi Shankar, learned counsel for the petitioners would submit that the petitioners are in possession and enjoyment of their respective properties in S.No.81, Ward No.22 at Kulithalai Town. According to the petitioners, S.No.81 was originally bearing in S.Nos.64, 106B and 107, for which patta has been issued in favour of the then owners. But when the amalgamation had happened, it was strangely classified as ''assessed nanjai-tharisu'' in the village accounts. Based upon the said classification, eviction proceedings were sought to be initiated. The 11th petitioner herein and the predecessor in interest of the 18th petitioner had originally filed suits in O.S.Nos.211, 239 and 240 of 1986 before the Principal District Munsif Court, Kulithalai seeking for declaration of title and permanent injunction in respect of the properties in the aforesaid survey number. The said suits were jointly tried and after contest were decreed by the said Court in favour of such petitioners. No appeal has been preferred by the Government and therefore, the same had become final as between the parties.

4. The learned counsel for the petitioners would submit that the petitioners or their predecessor in title have been in possession of the properties for more than 60 years and they have put up the construction. Their houses have been assessed to property tax by the Municipality and drinking water connection has also been effected. They have also been issued with Family Card and Voter identity cards with reference to the residence of the property. The petitioners have made a representation on 12.02.2013 to the respondents to issue patta in their names. The fourth respondent had called upon the petitioners for enquiry on 28.03.2013 and the petitioners had submitted their documents. On that day, the petitioners were informed that in respect of S.No.81, a Prohibitory Order Book has been opened and therefore, their representation could not be considered. The petitioners again made a representation on 28.05.2013, which also evoked no response.

5. The learned counsel for the petitioners would submit that as per the Board Standing Orders No.31, when a judgment has been passed in a civil suit, the revenue authorities would have to mutate the revenue records as per the judgment and decree passed by the Court. In this case, he would submit that the judgment and decree in respect of some of the petitioners herein was obtained as early as in the year 1988 and in respect of certain individuals, who are the residents of S.No.81, further judgment and decree was also obtained even pending this writ petition. Therefore, it is duty bound upon the revenue authorities to mutate the revenue records in the name of the petitioners.

6. He would further submit that the lands have been classified as ''assessed nanjai-tharisu''. That would mean that it is an unobjectionable Poramboke land. He would also rely upon various Government Orders issued by the Government for grant of patta in unobjectionable Poramboke lands. He would also submit that as per G.O.(Ms).No.498, Revenue (LD1(2)) Department, dated 05.09.2007, a specific direction has been issued by th