O R D E R

The order dated dated 09.11.2017 passed by the 1st respondent / the District Revenue Officer, Coimbatore rejecting the claim of the writ petitioner for grant of house site patta at free of cost is under challenge in the present writ petition.

2. The petitioner states that he is in possession and enjoyment of the agricultural lands comprised in S.F.No.243/2 measuring an extent of nearly 0.40.50 Hectare (1 acre) of Sirumugai Village, Mettupalayam Taluk, Coimbatore District. He further states that his family is doing agriculture for many years. They have planted coconut trees, banana plantains and other trees. The lands are classified as 'Natham Poromboke' in revenue records.

3. In view of the fact that the subject property has been classified as 'Natham Poromboke', the petitioner submitted an application for grant of house site patta. The District Revenue Officer, Coimbatore conducted an enquiry and found that the writ petitioner is not a poor person. The petitioner is earning sufficient income and he is an agriculturist, who is in possession of an agricultural land. Based on the enquiry conducted, the District Revenue Officer, Coimbatore found that the petitioner is not eligible to avail the benefit of free house site patta of Natham land and accordingly, rejected the petition.

4. The learned counsel for the petitioner states that though the petitioner is an agriculturist, he is a poor person. The petitioner is not owning any land in his name and therefore, he is eligible for free house site patta in respect of 'Natham Poromboke' lands. In order to substantiate the claim, the petitioner relied on the orders of this Court in the case of the Executive Officer, Kadathur -vs- Swaminathan in [2004 (3) CTC 270] wherein the Court held that "the 'Natham Poromboke' land cannot be construed as a Government land. It is considered that the classification of 'Natham Poromboke' and the description of 'Poromboke' in the settlement register will not by itself establish the title of the Government land in question."

5. Yet another case viz., Subburaj -vs- the District Collector, Madurai in W.P (MD). No.14471 of 2014 dated 02.09.2014, the Madurai Bench of Madras High Court also held on the same line that "a land in the occupation of the individual in possession of the 'Grama Natham' cannot be interfered and it could very well resist and also institute a Suit in ejectment the trespasser'. It is further held that the classification of 'Natham Poromboke' and description of 'Poromboke' in the settlement register will not by itself establish the title of the Government land in question".

6. This Court is of the considered opinion that if the land does not belongs to Government, which is classified as 'Natham Poromboke' then such land belongs to the people of that village or the locality.

7. However, the said 'Natham Poromboke' lands cannot be granted indiscriminately without following any procedures or schemes. In the event of allowing such greedy men to occupy larger extent of 'Natham Poromboke' lands, it will result in an anamalous situtation, where people will be attempting to grab such 'Natham Poromboke' lands by using their muscle power, political power or money power.

8. The 'Natham Poromboke' lands are left for the benefit of the people of that village for common usage or for the residence of poor landless people. Even in such circumstances, such poor landless poor people are to be accomodated as per the eligibility without causing any discrimation. At the outset, a scheme is to be formulated by the State in order to regulate the 'Natham Poromboke' lands. Unregulated occupation of 'Natham Poromboke' lands would lead to an unconstitutionality, since greedy men would be attempting to grab the said land by depriving the eligible landless poor people, who all are most deserving.

9. Therefore, a person claiming free house site patta in 'Natham Poromboke' lands cannot be granted without making an assessment and conducting an enquiry. More so, the