ORDER

Heard both sides.

2. The question that calls for consideration is whether the Government should be directed to pay compensation for having taken over 47 cents of land in Survey No.164/6A1 in Kallikudi Village, Pathibanur in Paramakudi Taluk.

3. The case of the petitioner is that the property belongs to her. The petitioner's claim is strongly contested by the sixth respondent. The 6th respondent would contend that the property belongs to the Government and that therefore the question for paying compensation does not arise. The respondents 7 to 11 who were subsequently impleaded claim that they too have a share in the compensation. On 01.03.2023, when the writ petition was taken up, a learned Judge of this Court while considering W.M.P.(MD)No.3962 of 2023 filed by the 6th respondent herein passed the following order:- “The petitioner, one T.Kalimuthu, has filed this Writ Miscellaneous Petition seeking to implead himself in the main Writ Petition.

2. Mr.D.Senthil, learned counsel appearing for the petitioner would submit that the petitioner is the Vice President of the School Management Committee, Government Higher Secondary School, Parthibanur, Paramakudi Taluk. He would submit that the land which the first respondent herein ( petitioner in the main Writ Petition ) claims in S.No.164/6A1, belongs to the Government and had relied upon an SLR to substantiate his claim. He would further submit that the Thasildar ie., the fourth respondent herein had filed a report to the Sub Collector, Paramakudi holding that the first respondent herein is not the owner of the property and therefore, the Revenue Records standing in the name of the first respondent herein should be cancelled and patta should be transferred in the name of the School. He would also submit that as per the information received by the petitioner herein from the office of the Thasildhar, the land in S.No.164/6A1 as per UDR stands in the name of Ramanathapuram Jilla Collector, Local Administration Branch, Madurai. An A-Register extract annexed to the said RTI reply was also relied upon by the learned counsel for the petitioner. He would also rely upon the Judgment and Decree made in OS.No.2 of 2013 on the file of the Sub Court, Paramakudi dated 20.04.2018 to make a statement, that the first respondent herein, who is the seventh respondent in the suit, had claimed that she had purchased the property from one Muhammad Kasim S/o. Muhammad Abubakar Ambalam, whereas, in the present Writ Petition she claims that she had inherited the property from her ancestors. Therefore, the learned counsel would submit that the claim of the first respondent herein before various proceedings are different and that the land would only belong to the Government and the School is functioning in the said place for more than 60 years. Therefore, he would seek to implead himself as a party in the main Writ Petition.

3. The main Writ Petition was filed in the year 2015 seeking for a Mandamus to direct the respondents 1 to 3 to fix the compensation for the land in S.No.164/6A1. The Writ Petition was filed on the premise that the land belonging to the writ petitioner has been occupied by the Government Higher Secondary School, Parthibanur, Paramakudi Taluk and has been used as a play ground. Since the School Authorities were not impleaded as parties, this Court by order dated 27.01.2023, impleaded the Secretary to Government, School Education Department, Secretariat, Chennai as fifth respondent in the main Writ Petition. The report relied upon by the petitioner counsel is of the year 2003. Thereafter, an order has been passed by the District Revenue Officer based upon the representation made by K.Arasi Olina for grant of patta in her favour and the Thasildhar had issued a patta as early as in the year 2014, which remains unchallenged by anyone. The suit scheduled property of the Judgment and Decree made in OS.No.2 of 2013 relates to S.No.164/5 and it has nothing to do with S.No.164/6A1. Therefore, the