IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 07.09.2022 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11913 of 2015 K.Logamani ..Petitioner Vs.

1.The District Collector, Namakkal District, Collector Office, Namakkal.

2.The Commissioner of land Administration, Chepauk, Chennai 5.

3.The Thasildar, Rasipuram Thasildar Office, Rasipuram, Namakkal District.

...Respondents Prayer:Writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus Calling for the impugned orders of the 1st respondent vide Na.Ka.No.19877/2014/L1 dated 13.01.2015 and to quash the same in so far as it rejects the petitioner application to grant patta for the land in Survey Nos.198/7 and 198/3 situated adjacent to petitioner patta land and consequently direct the respondents 1 to 3 to grant patta in petitioner name for the land in S.Nos.198/7 and 198/3 in Athanur Village, Rasipuram Taluk and Namakkal District, as per G.O.M.S.No.396, Revenue (LD3(2)) Department, dated 23.06.2006, and circular by Commissioner of Land Administration dated 23.08.2006.

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.Yogesh Kannadasan Special Government Pleader ORDER This petition has been filed for issuance of writ of Certiorarified Mandamus to call for the impugned orders of the 1st respondent dated 13.01.2015 and to quash the same and consequently direct the respondents 1 to 3 to grant patta in petitioner's name.

2. The case of the petitioner is that the petitioner is an agriculturalist and he acquired an extent of about 2.40 acre dry agricultural cultivating land comprised in S.F.Nos.198 and 199, and sub divisions by way of partition among his family members and further cultivating the adjacent government poromboke land comprised in S.F.No.197 and 198 admeasuring an extent of 1.50 acres for several years and thereby exclusively enjoying and cultivating the aforesaid poromboke land in S.F.No.197 and 198 to an extent of 75 cents. While so, the Tamil Nadu Government had issued G.O.M.S.No.396 Revenue (LD3(2) Department, dated 23.06.2006 to allot poromboke lands to a poor landless agricultural family and the said G.O stipulates to regularise the government poromboke land which is encroached upon and is in cultivation of the small and marginal farmers as per the guidelines stipulated. Hence, the petitioner has submitted his application to the 3^rd respondent, seeking for assignment of land in S.F.Nos.197 and 198 and submitted a letter to the Village Administrative Officer also to ascertain the eligibility of the applicant for patta / assignment of government poromboke land. However to his shock and surprise, the petitioner's brother and father attempted to encroach the government poromboke land which in his occupation, claiming that the 3^rd respondent has issued patta in their favour as per the said G.O. Thereafter, on enquiry with the 3^rd respondent under RTI Act, the petitioner found that patta no.885 for S.F.No.198/3 to an extent of 80 cents has been given to the wife of his younger brother and patta no.886 in S.F.NO.198/7 to an extent of 0.17 hec has been issued to his father. It is alleged by the petitioner that both his father and brother's wife are not eligible to get assignment or patta as per the above said G.O. Hence, the petitioner sent representations to the respondents 1 and 2 and since no action was taken on the said representations, the petitioner has approached this Court by filing W.P.No.18664/2014 to quash the patta and to issue patta in his name and the said Writ Petition was disposed of on 16.07.2014, directed the petitioner to submit one more representation and further directed the 1^st respondent to dispose of the said representation and therefore, the petitioner has sent fresh representation and the same was disposed by the 1^st respondent by his order dated 13.01.2015, cancelling the pattas issued in favour of his father and brother's wife, however it is the grievance of the petitioner that his a