Possession of land recognized as 'Natham' grants entitlement to compensation despite lack of formal title, highlighting the limitations of government ownership claims.

O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records relating to the order passed by the first respondent in Na.Ka.No.8186/2008/F1 dated 9.10.2018 and to quash the same and further to direct the respondents to award compensation to the petitioner prior to acquiring the petitioner's land.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3. Challenging the order dated 09.10.2018 passed by the first respondent, the petitioner is before this Court. The land in question was acquired by the respondents. The petitioner, on 20.09.2010, sent a representation to pay compensation for their acquisition and on 16.12.2013, the second respondent called for enquiry regarding payment of compensation. The petitioner appeared for the enquiry on 19.02.2014 and sought Rs.5,000/- per square feet as compensation. The respondents did not pay the compensation. The petitioner further stated that since the petitioner's land lies under the category of “Grama Natham”, the respondents did not pay the compensation. The petitioner was in possession for more than 50 years by putting up construction. Therefore, the petitioner’s property was classified as “Natham”. Neither the respondents nor the Government are the owner of the property in question. However, the petitioner earlier filed a writ petition in W.P.No.5886 of 2017 for declaration, forbearing the respondents from evicting him from the property. On 15.06.2017, this Court has given direction to determine the compensation by treating the land in question as a private land. As against the order passed in W.P.No.5884 of 2017, the respondents have filed appeal in W.A.No.290 of 2018 and a Division Bench of this Court on 26.06.2018, directed the respondents to consider the entire documents produced by the petitioner before them and to pass the order. Based on the said order, the respondents have passed the impugned order dated 09.10.2018, stating that the petitioner has not produced any document prior to 1966, to prove his possession over the said property. The petitioner was in possession of the property which is a “Natham vacant land”. Therefore, no document was produced prior to 1966. On 14.11.2018, the petitioner sent a representation stating that he was in possession of the property since 1966 and prior to that, the property was in possession of one Ramachandran and Nagaraj and prior to that their ancestors were in possession of the property. Then, the petitioner has purchased the property and had made pucca construction and the property is also assessed to property tax. Prior to that, taxes were paid by his vendor's predecessor and further, one T.Veerabathran having the property in S.No.645/34, had applied for Patta and obtained the same, whereas, the petitioner's application was not considered by the second respondent/Tahsildar till date. The vendor of the petitioner and the abovesaid Veerabathran is one and the same person. Since the petitioner and their predecessors did not apply for Patta, it does not mean that they are not entitled for the compensation. The first respondent acquired land in question for improvement into four Lane of the Link Road between Old Mahabalipuram Road to East Coast Road, and awarded compensation to the persons who had occupied the “Grama Natham Poramboke”. Since the first respondent did not consider the petitioner's representation dated 14.11.2018, the petitioner has filed the present writ petition.

4. Learned Additional Government Pleader appearing for the respondents submitted that they have paid compensation to the petitioner for the superstructure that was acquired. Since the property is the Natham vacant site”, the petitioner did not obtain Patta and he was not the owner of the property. However, compensation was paid for the superstructure. Therefore, the imupugned order came to be passed. 5