The petitioner has come up with this Writ Petition seeking a direction to the respondents to grant orders of assignment of patta to him in respect of the lands in his occupation in R.S.No.148/2A and 148/2B, Cholapadi Village, Pennagaram Taluk, Dharmapuri District, forthwith.
2. According to the petitioner, the entire lands in Pudhu Cholapadi Village of Salem District near Mettur, where his grandfather, C.T.Arumugam was residing, were taken over by the Government for the purpose of construction of Mettur Dam, over 65 years back and the Government provided alternative lands to those deprived of lands. The petitioner's grandfather was given alternative lands in R.S.No.148/2A and 148/2B of the said Village, measuring 7.5 acres and their family is in possession and enjoyment of the same for the past 75 years and they have been paying land revenue (kist) for the said land. In the year 1955, they came to know that the land allotted to them was classified as Natham poramboke. The grievance of the petitioner is that patta has not been assigned to the subject land despite several representations made to the authorities concerned in that regard.
3. In the counter filed by the respondents, it is stated that the lands in S.No.148/2A measuring an extent of 2.84.5 hectares and in S.No.148/2B measuring an extent of 0.11.0 hectares in Ramagondahalli Village, Pennagaram Taluk are classified as 'Village site' and 'Battai' (Pathway) respectively, as per Village Accounts. Respondents went on to state that the petitioner, who is a Homeopathy Doctor, residing at Pikkili Village, Pennagaram Taluk and one A.Kittu @ Gopalakrishnan are encroachers of the lands in S.No.148/2A and 148/2B of Cholapadi Village of Pennagaram Taluk. On enquiry, it was revealed that one Arumuga Gounder of the said Village had two sons, viz. (i) Venkataraman and (ii) Kittu @ Gopalakrishnan, who are no more at present. Since the land in S.No.148/2A is classified as 'Natham' poramboke and the land in S.No.148/2B is classified as Battai (pathway), encroachments made by them were objectionable.
4. It is further stated by the respondents that as per instructions contained in RSO, 15 Section II (3), landless poor persons who are engaged in direct cultivation in Assessed Waste Dry lands alone are eligible to get land assignment. Inasmuch as the petitioner did not cultivate the lands directly and the lands under encroachment are classified as 'Natham and Battai', which are are highly objectionable, his claim for assignment of patta could not be considered.
5. Heard the learned counsel on either side and perused the material documents available on record.
6. The petitioner is not able to produce any records to show that the lands in S.Nos.148/2A & 2B have been assigned to them. There is also no evidence to show that the petitioner has been given alternative lands in S.Nos.148/2A & 2B measuring 7.05 acres towards re-settlement. Moreover, the petitioner, who is a Homeopathy Doctor is actually residing in Pikkili Village, which is far away from the lands in question.
7. In view of the above, as there is no documentary evidence with regard to the assignment of alternative lands to the petitioner and since the lands are classified as 'Natham poramboke' and 'pathway', respectively, the petitioner is not entitled to any relief. Hence, this Writ Petition stands dismissed. No costs.
06.11.2017 Index : Yes/No Internet : Yes/No (aeb) To:
1. The Special Commissioner and Commissioner for Land Administration, Ezhilagam, Chepauk, Chennai 600 005.
2. The District Collector, Dharmapuri District, Dharmapuri.
3. The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.
S.VAIDYANATHAN, J.
(aeb) Order in W.P.No.8847 of 2003 06.11.2017