IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2011 CORAM THE HONOURABLE Mrs. JUSTICE R.BANUMATHI W.P.No.18230 of 2003 Avalappali Grade I Panchayat rep. by its President P.Thyagaraja Reddy, Hosur Panchayat Union, Hosur, Dharmapuri District. ... Petitioner Vs. 1.The Collector, Dharmapuri District, Dharmapuri. 2.The Special Tahsildar, Backward Classes Welfare Department, Hosur, Dharmapuri District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus or any other appropriate Writ or order or Direction in the nature of Writ prohibiting the 2nd Respondent from allotting the land measuring an extent of 1.43.0 Hectares comprised in S.No.544, Avalapalli village, Hosur Taluk, Dharmapuri District to dobhies who do not belong to said panchayat and consequently not to interfere with Petitioner in allotting the above said land to land less poor people who belong to said panchayat as per the directions of the Government. For Petitioner : Mr.P.Subba Reddy For Respondents : Mr.S.Saravanakumar Government Advocate O R D E R Petitioner seeks Writ of Mandamus or Direction prohibiting the 2nd Respondent from allotting the land measuring an extent of 1.43.0 Hectares comprised in S.F.No.544 of Avalapalli village, Hosur Taluk to dhobies who do not belong to Avalapalli village panchayat and consequentially not to interfere with the Petitioner's right in allotting the above said land to the landless poor people belonging to the said village panchayat. 2. The then President of Petitioner panchayat has filed the Writ Petition. Case of Petitioner is that on 10.12.1997, https://hcservices.ecourts.gov.in/hcservices/ Petitioner panchayat has passed a resolution stating that the land measuring an extent of 1.43.0 Hectares in S.F.No.544 of Avalapalli village was categorised as poramboke land and that it may be allotted to the landless people of Avalapalli panchayat. According to Petitioner, the said resolution was passed in accordance with the communication of 1st Respondent in Na.Ka.No.84451/1997 dated 20.01.1997 and also as directed by the Tahsildar in the communication Na.Ka.No.17729/97 (A3) dated 07.10.1997. Further case of Petitioner is that it has passed resolution on 07.02.2003 stating that the above said land should be allotted only to landless poor people of Avalapalli village panchayat and not to any other public belonging to other villages and to that effect Petitioner panchayat has also recorded a decision taken by Grama Sabha on 26.01.2003 for construction of new houses to landless poor people of the panchayat. 3. Grievance of Petitioner is that poramboke land has been converted into village natham land as per the direction given by the 1st Respondent and the land being surveyed for the purpose of allotting the land to dhobies who are not residing within the jurisdiction of Petitioner's panchayat and therefore, Petitioner seeks Writ of Mandamus to the Respondents forbearing 2nd Respondent from allotting the land to dhobies who do not belong to the said pancyhayat. 4. 2nd Respondent has filed counter stating that the land in question was originally grazing land which has been reclassified as village site/natham and village panchayat has no power or right to give a direction to the Government/District Administration not to allot the house sites to the people other than that of Avalapalli village. According to 2nd Respondent, the land in question has been transferred as village site only to provide house site plots to the poor Dhobies of Hosur village and Petitioner panchayat has no right to interfere with the implementation of the welfare schemes to the poor people. It was also submitted that even before the filing of the Writ Petition and passing of resolution by the Panchayat on 07.02.2003, the beneficiaries were already identified and patta was also granted to them in Na.Ka.no.995/95 (A) dated 05.12.2002. 5. Mr.Subba Reddy, learned counsel for Petitioner has submitted that the resolution of the panchayat dated 10.12.1997 was passed only in accordance with the direction by the 1st Respondent in Na.Ka.No.84451/1997 dated 20.1.1997 and the directions given by the Hosur Tahsildar in the Proceedings dated 07.10.1997 and that the panchayat has passed the resolution that the land has to be distributed to the land less people. Further contention of Petitioner is that Respondents 1 and 2 ought to have kept in view the resolution passed by the Petitioner village panchayat that the land has to be distributed to the landless poor people belonging to Avalapalli village and not to any others and Respondents are to be suitably directed to distribute the https://hcservices.ecourts.gov.in/hcservices/ lands to the landless people who are inhabitants of Avalapalli village panchayat and not to others. 6. Taking me through the counter-affidavit, Mr.Saravanakumar, learned Government Advocate has submitted that the land in question belong to the State Government and the District Administration has got power to dispose it to the houseless poor who are economically weaker section of Backward community and the village panchayat has got no right to direct the District Administration as to how the property is to be disposed of. 7. As pointed out earlier, the land in S.F.No.544 measuring an extent of 1.43.0 Hectares of Avalapalli village classified as grazing ground was selected for providing house site to poor dhobies and proposals were initiated to transfer the land from grazing ground to village site to grant house site patta to the eligible dhobi families. The land was transferred as village site mainly for the purpose of providing house site to the poor houseless dhobies by the Proceedings of the District Collector, Dharmapuri in Roc.76382/99 V3 dated 24.05.2000. 8. From the submission of learned Additional Government Pleader and from the averments in the counter-affidavit, it is seen that at the time of transfer of land, objection if any were invited from the public as well as from Avalapalli Village Panchayat with regard to allotment of house site to the houseless dhobies in S.F.No.544 of Avalapalli village. But there was no objection from any quarters. As rightly contended by the learned Government Advocate the land in question in S.F.No.544 belong to the State Government and the District Administration has got every right and power to disburse it to the houseless poor and economically weaker section of Backward community. Even if the panchayat is said to have passed the resolution, such resolution can only have persuasive value. Village panchayat has no right to direct the Government/District Administration that allotment of house site should be made only to the people in particular village alone. As rightly submitted by the learned Additional Government Pleader, the land in question was already selected by the Government/District Administration for providing house sites to the poor dhobies of Hosur village. As such the Government has got every right and power and also discretion to allot the land to the weaker section and downtrodden dhobies in any village. Petitioner Village panchayat cannot have any valid objection to the same. More so, when Petitioner panchayat has not challenged the Proceedings of the District Collector, Dharmapuri in Roc.No.76382/99 V3 dated 24.06.2000. 9. It is also seen from the materials produced that even before the filing of the Writ Petition and passing of resolution by the Village Panchayat on 07.02.2003, the beneficiaries were identified and pattas were granted in Na.ka.No.995/95 (A) dated https://hcservices.ecourts.gov.in/hcservices/ 05.12.2002. Because of pendency of the Writ Petition, the possession is yet to be handed over to the beneficiaries. Since pattas were already granted to the houseless poor and economically weaker section viz., dhobies, the Petitioner Village Panchayat could have no valid objection for such allotment of house sites. Petitioner is not entitled to the relief sought for. 10. In the result, the Writ Petition is dismissed. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. bbr To 1.The Collector, Dharmapuri District, Dharmapuri. 2.The Special Tahsildar, Backward Classes Welfare Department, Hosur, Dharmapuri District. 2 ccs to M/s. P. Subba Reddy, Advocate, Sr. 2347 1 cc to Government Pleader, Sr. 2884 W.P.No.18230/2003 KJ (CO) kk 1/2 https://hcservices.ecourts.gov.in/hcservices/