IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.09.2010 CORAM: THE HONOURABLE MR. JUSTICE V.DHANAPALAN W.P.Nos.19008, 19009 & 19010 of 2010 W.P.Nos.19126, 19127, 19129 and 19130 of 2010 Muthuvel ... Petitioner in W.P.No.19008 of 2010 Dhandapani ... Petitioner in W.P.No.19009 of 2010 Arunachalam ... Petitioner in W.P.No.19010 of 2010 Kalaiselvi ... Petitioner in W.P.No.19126 of 2010 Shanmugam ... Petitioner in W.P.No.19127 of 2010 Thillaikannu Ammal ... Petitioner in W.P.No.19129 of 2010 Selvarayan ... Petitioner in W.P.No.19130 of 2010 vs. 1. The District Collector, Cuddalore District, Cuddalore. 2. The Revenue Divisional Officer, Cuddalore Road, Near Govt. Boys School, Virudhdachalam, Cuddalore District. 3. The Tahsildar, Thittakudi Taluk, Cuddalore District. 4. The Commissioner of Panchayat Union, Nallore, Cuddalore District. 5. Jayamani Rajendran, President, Tholar Village, Cuddalore District. ... Respondents in all Writ Petitions W.P.No.19008 of 2010 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from forcibly evicting the https://hcservices.ecourts.gov.in/hcservices/ petitioner from the peaceful possession and enjoyment of the property in Tholar Village, Cuddalore District in S.No.459/1C 0.90 cents out of 10 acres within bounded by the Arunthathi colony on the south, house of Boopathi on the west, land of Shanmugam on the north and east, another 0.30 cents in S.No.459/1A bounded by land of Maharaja on the west, land of Dharmalingam on the south, land of Shanmugam on the east, land of Periyasamy on the north. W.P.No.19009 of 2010 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from forcibly evicting the petitioner from the peaceful possession and enjoyment of the property in Tholar Village, Cuddalore District in S.No.459/1A 1.00 acre out of 7.03 acres within bounded by land of Chellammal on the south, lake on the north, land of Kadirvel on the west, Tar road on the east. W.P.No.19010 of 2010 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from forcibly evicting the petitioner from the peaceful possession and enjoyment of the property in Tholar Village, Cuddalore District in S.No.459/1C 1.00 cents out of 10 acres S.No.459/1C within bounded by the land of Periyaswami on the south, Tar road on the west, land of Chellammal on the north, land of Sadayapillai on the east. W.P.No.19126 of 2010 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from forcibly evicting the petitioner from the peaceful possession and enjoyment of the property in Tholar Village, Cuddalore District in S.No.459/1C 0.40 cents out of 10 acres within bounded by the Arunthathi colony on the south and East, house of Periyaswami on the west, land of Periyaswami on the north and another 0.60 cents in S.No.459/1A bounded by land of Kadirvel on the west, land of Periyaswami on the south, Tar road on the east, land of Kadirvelu on the north. W.P.No.19127 of 2010 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from forcibly evicting the petitioner from the peaceful possession and enjoyment of the property in Tholar Village, Cuddalore District in S.No.459/1A 0.40 cents out of 7.03 cents S.No.459/1A within bounded by the land of Lakshmi on the south, land of Muthuvel on the west, footpath on the North, land of Thillaikannu on the east, another 1.35 cents in S.No.459/1C bounded by the land of Periasami on the north, land of Muthuvel on the west, land of Suseela on the east, Arunthathi on the south. W.P.No.19129 of 2010 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from forcibly evicting the petitioner from the peaceful possession and enjoyment of the property https://hcservices.ecourts.gov.in/hcservices/ in Tholar Village, Cuddalore District in S.No.459/1A 1.35 cents out of 7.0.3 cents bounded by land of Ramachandra on the south, land of Shanmugam on the West, pathway on the north, Tar Road on the East. W.P.No.19130 of 2010 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from forcibly evicting the petitioner from the peaceful possession and enjoyment of the property in Tholar Village, Cuddalore District in S.No.459/1C 0.85 cents out of 10 acres within bounded by the Tar Road on the south, House of Poomalai on the west, land of Andiappan on the North and east. For Petitioner in all W.Ps. : Mr.R.Margabandhu For Respondents in all W.Ps. : Mr.S.Gopinathan, for R1 to R3 Additional Govt. Pleader Mr.M.Dhandapani, for R4 & R5 Special Govt. Pleader C O M M O N O R D E R Since the issue involved in all these petitions is one and the same, these writ petitions are taken up together and decided by a common order. 2. Heard Mr.R.Margabandhu, learned counsel for the petitioners, Mr.S.Gopinathan, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.M.Dhandapani, learned Special Government Pleader appearing for respondents 4 and 5. 3. All these writ petitions are filed to forbear the respondents from forcibly evicting the petitioners from the peaceful possession and enjoyment of their respective properties in Tholar Village, Cuddalore District. 4. According to the petitioners, they are owners of Gramanatham lands in Tholarkudikadu Village, Goodalur Post, Thittakudi Taluk, Cuddalore District. They have raised Sugarcane, paddy and plantains in the said lands. Since the respondents are trying to evict them from their properties without following due process of law, they have approached this court with the above writ petitions. 5. In the counter affidavit filed by the 3rd respondent on his behalf and on behalf of the 2nd respondent, it is stated that the lands in question belong to Government Poramboke lands classified as Natham in R.S.Nos.459/1A and 459/1C and the total extent of lands is 2.84.5 hectares. The lands are purely used for dwelling houses and they are not used for agricultural purpose. As per Government Rules, https://hcservices.ecourts.gov.in/hcservices/ the Natham Poramboke lands are not assigned for agricultural purpose. The petitioners have encroached a portion of land in the Natham Poramboke lands for the purpose of cultivation. No 'B' Memo has been registered in the name of the petitioners. Since lands are required for the purpose of constructing Samathuvapuram, the lands of the petitioners have been selected for the same by the Collector of Cuddalore. 5a. In the counter, it is further stated that the Tahsildar has taken steps to construct Samathuvapuram and that Muthuvel and six persons, i.e. the petitioners herein of Tholar Village, Tittagudi Taluk, Cuddalore District have filed writ petitions against the construction of Samathuvapuram. A Peace Committee meeting regarding the construction of Samathuvapuram was convened by the Tahsildar, Tittagudi on 22.07.2010 with the encroachers of the proposed Samathuvapuram area of Tholar Village and the participants agreed to construct Samathuvapuram and also to evict the encroachments from the said lands and all of them signed in the resolution. The encroachers were also informed that patta will be issued to the eligible encroachers in some other places in Tholar Village. 5b. As per G.O.Ms.No.854 dated 30.12.2006, patta has been given to the landless poor, as the Government Poramboke land is not required for any other public purpose. But, the lands encroached by the petitioners are required for the purpose of construction of Samathuvapuram for the purpose of the public. The said lands are agricultural lands and there is no building, house or any construction as alleged by the petitioners. 5c. The 3rd respondent would further state that the publication for the construction of Samathuvapuram has been widely published in Tholar Village by beating of tom tom. The petitioners of Tholar Village attended the peace committee meeting and signed in the Resolution. According to the 3rd respondent, the petitioners are wealthy pattadars and they have well built houses in Tholar Panchayat and that they have not applied for house sites or land pattas so far. He would state that since funds are allotted for the construction of Samathuvapuram, the respondents have taken steps to evict the encroachments for the construction of Samathuvapuram and there is no violation of the principles of natural justice. 6. Learned counsel for the petitioners would submit that except the petitioners, namely, Muthuvel, Thillaikannu Ammal and Selvarayan, the other petitioners are poor landless persons and they are living in Gramanatham lands. He would further submit that the said three petitioners are in possession of more than 80 cents of land and they have cultivated crops, which are ripe for harvest. Hence, he would contend that if any eviction proceedings is initiated, it will cause loss and hardship to them and therefore, he pleaded that the said petitioners may be permitted to vacate the premises after the harvest of the crops. https://hcservices.ecourts.gov.in/hcservices/ 7. On the other hand, learned Additional Government Pleader would submit that the lands of the petitioners are required only for public purpose, in which regard, a Peace Committee meeting has been held and a Resolution to evict the encroachments has been taken, which has been signed by the Villagers. It is his submission that steps have been taken by the respondents with regard to eviction of encroachments after following due process of law. He would contend that if some of the petitioners who are in possession of the Government lands are not evicted, the very object of the Government to construct Samathuvapuram could not be completed. 8. I have heard the learned counsel on either side and perused the material documents available on record. 9. It is seen that the petitioners are in possession of the Government poramboke lands, which are classified as Natham lands in S.Nos.459/1A and 459/1C and that some of the petitioners are landless poor persons and some of them have patta lands. Counsel for the petitioners has raised a consistent plea that if any eviction proceeding based on the Resolution taken by the respondents as well as the Villagers in the Peace Committee meeting is allowed to proceed, it may cause serious prejudice to the standing crops raised by the petitioners. Therefore, this court, by an order dated 02.09.2010, directed the Tahsildar, the 3rd respondent herein to inspect the property in person and verify the extent of lands, which are cultivated and ripe for harvest and report to this court, as he has disputed the petitioners' possession of lands as well as the lands in cultivation. 10. Today, the Tahsildar has filed a Report vide proceeding in Na.Ka.Pa.Ve.96/2010 dated 04.09.2010, wherein, he has stated that the respondents have taken a decision to construct Periyar Ninaivu Samathuvapuram at Tholar (South) Village, Tittakudi Taluk in S.No.459/1A to an extent of 2.84.5 hectares and in S.No.459/1C to an extent of 4.82.5 hectares. He has further stated that 2.84.5 hectares of land in S.No.459/1A has been selected to construct School, Play ground, Community Hall, Hospital, Library, Fair Price Shops and Veterinary Hospital relating to Samathuvapuram. The details of encroachments made in S.No.259/1A of the Natham Government poramboke land, as stated by the Tahsildar is extracted below : S.No. Names of persons, who have filed Writ Petitions W.P.No. Govt. Natham Poram boke Survey No. Area of encroach- ment in Govt. Poramboke land Details of crops cultivated in Govt. Poram boke land Remarks 1 Muthuvel S/o.Arumugam 19008/10 459/1A ______ 2.84.5 0.12.0 (or) 0.30 cents Sugarcane (3 month old crop) In Patta No.1006, land measuring 0.32.0 ares https://hcservices.ecourts.gov.in/hcservices/ S.No. Names of persons, who have filed Writ Petitions W.P.No. Govt. Natham Poram boke Survey No. Area of encroach- ment in Govt. Poramboke land Details of crops cultivated in Govt. Poram boke land Remarks 2 Selvarayan S/o.Murugesan 19130/10 459/1C ______ 4.82.5 0.19.0 (or) 0.48 cents Sugarcane (3 month old crop) (He is working in abroad for the past 2 years) (He has a own patta land in his Village in Patta No.860) 3 Thillaikannu Ammal W/o.Kathirvel 19129/10 459/1A ______ 2.84.5 0.44.5 (or) 1.10 cents Sugarcane (3 month old crop) 459/1A ______ 2.84.5 0.16.5 (or) 0.40 cents Paddy (3 month old crop) Though he has filed a case, he has not cultivated crops by encroaching lands. But, his son Bala dhandayutham is cultivating crops by encroachment. His family has patta land in Patta No.111 of 0.33.5 ares in the same Village and a Motor pump. 10a. It is also stated in the Report that if there is construction of houses in natham lands, the Government is liable to pay compensation to the persons, taking into account the public purpose and since the petitioners, Muthuvel, Selvarayan and Thillaikannu Ammal have cultivated crops in natham lands, the Government is not liable to pay any compensation to them, as the lands are required for public purpose. 11. A close analysis of the above Report reveals that except the petitioners, Muthuvel, Selvarayan and Thillaikannu Ammal, other petitioners are poor landless persons. On verification, it is seen that the petitioners, Muthuvel, Selvarayan and Thillaikannu Ammal are in possession of Government natham poramboke lands to an extent of 0.30 cents, 0.48 cents and 1.10 cents as well as 0.40 cents, respectively and they have cultivated Sugarcane/Paddy in the said lands, which are aged 3 months. 12. According to the learned counsel for the petitioners, the normal cultivation period of Sugarcane is 10 months. He would plead https://hcservices.ecourts.gov.in/hcservices/ that the petitioners may be permitted to harvest Sugarcane/Paddy, since any steps taken at this stage would cause serious prejudice to the cultivation made by the petitioners. But, the learned Special Government Pleader appearing for respondents 4 and 5, on instructions, would submit that the delay in execution of the Samathuvapuram project will cause serious consequences on the Government Exchequer and therefore, it should be restricted to the extent possible permitting the petitioners to evict their premises once the harvest of crops is over. With regard to the remaining lands, he would submit that the respondents may be permitted to continue with the execution of the Samathuvapuram project. 13. On a circumspection of the facts of the case and taking into account the Report submitted by the Tahsildar, it is seen that there is no impediment for the respondents to proceed with the Samathuvapuram project as regards the lands in Survey No.459/1C and only in respect of the lands in Survey No.459/1A, the petitioners namely, Muthuvel, Selvarayan and Thillaikannu Ammal are in encroachment. It is also agreed in the Peace Committee meeting that the landless poor will be provided with alternative sites. 14. In the light of the above, as regards the lands in S.No.459/1C, the respondents are permitted to proceed with the Samathuvapuram project and provide alternative sites to the landless petitioners, namely, Dhandapani, Arunachalam, Kalaiselvi and Shanmugam on such claim made by them by producing required documents showing their status. In respect of the petitioners, namely, Muthuvel, Selvarayan and Thillaikannu Ammal, who are possessing lands in S.No.459/1A, the respondents are directed to permit them to continue in the said lands till the harvest of Sugarcane/Paddy is over. Once the harvest is over, i.e. after eight (8) months from today, the said petitioners are directed to hand over possession of the lands in question to the respondents immediately without any further delay and any claim made by them regarding alternative sites may be considered by the respondents, provided they are eligible to claim so. These writ petitions are disposed of with the above directions and observations. No costs. Consequently, connected M.P.Nos.1, 1, 1, 1, 1, 1 and 1 of 2010 are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ abe To : 1. The District Collector, Cuddalore District, Cuddalore. 2. The Revenue Divisional Officer, Cuddalore Road, Near Govt. Boys School, Virudhdachalam, Cuddalore District. 3. The Tahsildar, Thittakudi Taluk, Cuddalore District. 4. The Commissioner of Panchayat Union, Nallore, Cuddalore District. 1 cc To Mr.M.Dhandapani, Advocate, SR.66594 1 cc To The Government Pleader, SR.66647 Common Order in W.P.Nos.19008, 19009 & 19010 of 2010 and W.P.Nos.19126, 19127, 19129 & 19130 of 2010 (7 Writ Petitions) NSM(CO) sra 22/09/2010 https://hcservices.ecourts.gov.in/hcservices/