IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI

W.P. No.27298 of 2013

and

M.P.Nos.1 of 2013 & 1 of 2015

Mr.G.Sasi ...Petitioner

Vs.

1.

The State of Tamil Nadu,

Rep. by its Secretary to Government,

Department of Revenue,

Fort St.George,

Chennai – 600 009.

2.

The District Collector,

Kancheepuram District,

Kancheepuram Town and District.

3.

The Revenue Divisional Officer,

Kancheepuram District,

Kancheepuram.

4.

The District Revenue Officer,

Kancheepuram District,

Kancheepuram.

5.

The Tahsildar,

Thiruporur,

Kancheepuram District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of

India praying for issuance of a Writ of Mandamus, forbearing the

respondents to evict the petitioner from S.No.237/1 of Alathur

Village, Thiruporur Taluk, without following the due process of

law.

For Petitioner : Mr.P.Thiagarajan

For Respondents

: Mr.T.Chezhiyan, AGP

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O R D E R

This Writ Petition has been filed seeking for issuance of a

Writ of Mandamus to forbear the respondents from evicting the

petitioner from S.No.237/1 of Alathur Village, Thiruporur Taluk,

without following due process of law.

2. The case of the petitioner is that he is in occupation of

a portion of land comprised in S.No.237/1, measuring an extent

of 25 cents, situated at Alathur Village, Thiruporur Taluk,

Kancheepuram District for more than 50 years. The petitioner

has put up a house in the said land and the same was assessed to

house tax and he has also obtained electricity service

connection. Similarly, his family members are also in occupation

of a portion of land measuring an extent of 20 cents each in the

above said land in S.No.237/1 for agricultural purposes.

Further, there are eight other families who are in occupation

and enjoyment of a portion of land in the above said S.No237/1.

Originally, the entire area had been waste land and the village

people for years together worked and made the land suitable

for agriculture.

3. While so, in the year 1988, some of the villagers tried

to disturb the possession of the petitioner and his family

members. Therefore, the petitioner's father filed a Suit in

O.S.No.849 of 1988 on the file of District Munsif, Chengalpattu

and the said suit was decreed in favour of the petitioner's

father. Pursuant to which, the petitioner's father approached

the respondents and sent various representations for grant of

patta, however, there was no response. Aggrieved by the same,

one Chandramathi,wife of the petitioner's brother, filed a Writ

Petition in W.P.No.12593 of 2010 and this Court, vide order

dated 07.07.2010 issued a direction to the District Collector to

consider the petitioner's representation dated 27.06.2010 within

a period of eight weeks, however, despite the order of this

Court, no orders have been passed by the respondents. While such

being the case, on 28.09.2013, the respondents started to remove

the fence in the petitioner's place, however, the same was

stopped by the petitioner and his family members. Further, the

petitioner and other persons were directed to appear before the

1st respondent on 30.09.2013, however, thereafter, no further

steps has been initiated by the respondents. Hence, aggrieved by

the inaction of the respondents, the present Writ Petition is

filed.

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4. The learned counsel for the petitioner submitted that

based on the Government Order in G.O.Ms.No.854 Revenue

Department dated 30.12.2006, the Government has taken a policy

decision to assign the land to the occupants who are in

occupation for more than 5 years and prescribed the terms and

conditions and the Board Standing orders also provides for

assigning t