IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED;14.07.2011 CORAM; THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.20175 of 2004, 25702 of 2005 and 18202 of 2007 and WPMP No.24291 of 2004 in 20175 of 2004 and M.P.No.1 of 2007 in W.P.No.18202 of 2007 W.P.No.20175 of 2004 Kalaivanar Nagar Podhu Nala Mandram (Reg.No.286/82) Rep.by its Secretary Door No.290, 7th Block, Mogappair West, Chennai 600 037 ..Petitioner Vs. 1.The Government of Tamil Nadu Rep.by its Secretary Revenue Department, Fort St.George, Chennai 600 009 2.The Commissioner of Land Administration, Chepuak Chennai 600 005 3.The District Collector Thiruvallur District 4.The Tahsildar Ambattur Taluk,T.I.Cycle Road Ambattur, Chennai 600 053 5.The Tamil Nadu Housing Board Rep.by its Chairman cum Managing Director, Nandanam Chennai 600 035 6.The Commissioner Ambattur Municipality Ambattur,Chennai 600 053 https://hcservices.ecourts.gov.in/hcservices/ 7.Kalaivanar Nagar Narpani Mandram Rep. by its President Sri.K.Ramasamy 38, North Mada St., Padi, Chennai 50 (R7 impleaded as per order dated 5.2.10 by KCJ in WPMP 43258/04 in WP 20175/04) 8.Makkal Sevai Mandram Rep.by its President Shanmugham s/o K.Narayanasamy No.3, NSK street, Kalaivanar Nagar Padi, Chennai 50. ..Respondents (R8 impleaded as per order dated 14.07.2011 by TRJ in WPMP 444/2010 in W.P.20175/2004.) W.P.No.25702/2005 Kalaivanar Nagar Narpani Mandram (rep.by its President-K.Ramasamy) 38, North Mada St., Padi, Chennai 50 ..Petitioner Vs. 1.The Chairman, Tamil Nadu Housing Board Chennai 35. 2.The Executive Engineer, Tamil Nadu Housing Board, Anna Nagar (Division), Chennai ..Respondents W.P.No.18202 of 2007 Kalaivanar Nagar Narpani Mandram Represented by its President Sri K.Ramasamy 38, North Mada St., Padi, Chennai 600 050 ..Petitioner Vs. 1.The Chairman & Managing Director Tamil Nadu Housing Board Nandanam, Chennai 35 2.The Executive Engineer TNHB, Anna Nagar Division Chennai 600 040 ..Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No.20175/2004 is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 2 to 4 to issue appropriate proceedings in pursuant to G.O.Ms.No.543, Revenue Department, dated 5.4.1988 by passing orders for reclassification and issuance of patta and consequently direct the respondents 2 to 4 to handover the vacant areas in S.No.253/1, 253/2, 253/7 and 253/9, Padi Village, to the petitioner association for the purpose of community development scheme. W.P.No.25702/2005 is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus forbearing the respondents from interfering in peaceful possession and enjoyment of the patta land which was already allotted by the Tahsildar, Ambattur, Chennai 53, on 23.12.96 in Survey No.253/7 to 22 members of the petitioner’s association and proposed allotment of patta for the remaining 33 members as recommended by the D.R.O./Thiruvallur in their letter, dated 29.8.2003 in Survey No.253/7 and 253/9 of Padi Village, Ambattur Taluk. W.P.No.18202/2007 is filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus forbearing the respondents or their men, agents, servant from interfering and disturbing the members of the petitioners association for their peaceful possession and enjoyment of the land comprised in Survey Number 253/B of Padi Village except the due process of law. For petitioner in W.P.No.20175/2004 : Mr.V.Manohar For petitioner in W.P.No.25702/2005, For R7 in W.P.No.20175/2004, For petitioner in W.P.No.18202/2007 : Mr.S.Ambigapathy for Mr.R.Kumaresan For respondents 1 to 4 in W.P.No.20175/2004 :Mr.S.V.Durai Solaimalai Additional Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/ For R5 in W.P.No.20175/2004, For R1 and R2 in W.P.No.25702/2004, For R1 and R2 in W.P.No.18202/2007 :Mr.A.Vijayakumar For R8 in W.P.No.20175/2004 :Mr.N.A.Nissar Ahamed No appearance for R6 ORDER W.P.Nos.25702/2005 and 18202/2007 are filed by Kalaivanar Nagar Narpani Mandram, represented by its President K.Ramasamy and another W.P.No.20175/2004 is filed by Kalaivanar Nagar Podhu Nala Mandram, rep.by its Secretary S.Nagarajan. 2. (i) W.P.No.20175/2004 is filed seeking issuance of writ of Mandamus directing the respondents 2 to 4 to issue appropriate proceedings in pursuant to G.O.Ms.No.543, Revenue Department, dated 5.4.1988 by passing orders for reclassification and issuance of patta and consequently direct the respondents 2 to 4 to handover the vacant areas in S.No.253/1, 253/2, 253/7 and 253/9, Padi Village, to the petitioner association for the purpose of community development scheme. (ii) W.P.No.25702/2005 is filed seeking issuance of a writ of Mandamus forbearing the respondents from interfering in peaceful possession and enjoyment of the patta land which was already allotted by the Tahsildar, Ambattur, Chennai 53, on 23.12.96 in Survey No.253/7 to 22 members of the petitioner’s association and proposed allotment of patta for the remaining 33 members as recommended by the D.R.O.Thiruvallur in their letter, dated 29.8.2003 in Survey No.253/7 and 253/9 of Padi Village, Ambattur Taluk. (iii)W.P.No.18202/2007 is filed seeking issuance of a writ of Mandamus forbearing the respondents or their men, agents, servant from interfering and disturbing the members of the petitioners association for their peaceful possession and enjoyment of the land comprised in Survey Number 253/B of Padi Village except the due process of law. 3. In W.P.No.20175/2004 filed by Kalaivanar Nagar Podhu Nala Mandram, rep.by its Secretary, he has stated that the petitioner association was formed for the purpose of taking care of the residents of the area who hail from the poor strata of the society. After coming to know the vast extent of land at Padi are lying vacant, about 575 families had constructed their houses and after https://hcservices.ecourts.gov.in/hcservices/ completion of the construction they have been residing in their respective houses. Though the said land was originally classified as Natham poramboke, the petitioner association through their representation to the Government made a request to assign the land in favour of the residents of the association. The first respondent subsequently by G.O.Ms.No.1450, dated 23.8.1994 and another G.O.Ms.No.1670, dated 29.8.1987 directed for assignment of land to the landless persons. The said Government orders were not given effect to. Hence, W.P.No.13235/1987 was filed and this Court also gave a direction to the respondents to pass appropriate orders considering the prayer made by the petitioner for implementation of the orders on or before 15.2.1988. Subsequently, the Government in G.O.Ms.No.543, dated 5.4.1988 assigned the land in S.No.253/2 measuring an extent of 11.59 acres, 253/7 measuring 3.46 acres in the name of the Kalaivanar Nagar. Therefore, the grievance of the petitioner is though the Government has passed an order to assign the land, the same has not been given effect to till date. 4. The learned counsel appearing for the petitioner association further submits that in the meanwhile some of the petitioner's association were issued with the order of assignment. But the rest of members of the petitioner’s association having not been issued with the order of assignment, they have come to this court by filing the present writ petition seeking direction to forbear the respondents from interfering with the physical possession of the members of the petitioner association. The learned counsel appearing for the petitioner also submitted that in view of continuous occupation of the members of the petitioner’s association, a suitable direction may be given to the respondents for issuing appropriate proceedings in pursuant to G.O.Ms.No.543, Revenue Department, dated 5.4.1988, by passing order of reclassification and issuance of patta so that the vacant land covered in Survey Nos.253/1, 253/2, 253/7 and 253/9 at Padi village could be handed over to the houseless persons. 5. The learned counsel appearing for the petitioner also submitted that since most of the members of the petitioner association have been granted order of assignment leaving those members, the rest of the members who were not issued with the order of assignment or patta can make out their application to the concerned authority along with the relevant documents to prove their continuous possession. If any such application is made, the same may be considered in accordance with law. 6. The said prayer was heavily objected to by the learned counsel appearing for the Tamil Nadu Housing Board. He has also brought to the notice of this Court two other similar orders passed by this Court in identical and similar circumstances referring https://hcservices.ecourts.gov.in/hcservices/ similar prayer for issuance of a writ of mandamus to forbear the T.N.E.B. from interfering with the peaceful possession and enjoyment of the petitioner. Since the writ petition has been filed by association on behalf of the members of the association, this Court while dismissing the similar writ petition in W.P.No.21602/2001 by order dated 09.11.2010 has categorically held that this Court is not inclined to interfere with the writ petition. 7. The said writ petition is filed by the association. So far as the grant of patta is concerned if any one is claiming patta, he should have produced the relevant document or the Government Order, wherein the Government of Tamil Nadu has passed orders especially to get patta based on their continuous possession. Therefore, when this Court has already passed an order taking a stand for grant of patta, only an individual alone can come before this Court by showing the continuous possession of the particular land for the purpose of assignment of the said land, the petition filed by the association or Makkal Sevai Mandram cannot be entertained. As already held by this Court, if the individual residents are living for more than 5 years, they have to establish their continuous possession of the land as prescribed by the G.O.Ms.No.534. Only on that basis they can make out their claim. When the individuals are making out their cases, the writ petitions filed by the associations cannot be entertained. In view of the same, the present writ petitions filed by the associations on behalf of the members of the Mandram or association cannot be considered. 8. Consequently, all these three writ petitions stand dismissed. No costs. Consequently, connected pending M.Ps.are dismissed. Sd/- Deputy.Registrar. /true copy/ Sub Asst.Registrar. sal https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary Government of Tamil Nadu Revenue Department,Fort St.George, Chennai 600 009 2.The Commissioner of Land Administration, Chepuak Chennai 600 005 3.The District Collector Thiruvallur District 4.The Tahsildar Ambattur Taluk,T.I.Cycle Road Ambattur, Chennai 600 053 5.The Chairman cum Managing Director, The Tamil Nadu Housing Board Nandanam Chennai 600 035 6.The Commissioner Ambattur Municipality Ambattur,Chennai 600 053 7.The Executive Engineer, Tamil Nadu Housing Board, Anna Nagar (Division), Chennai 1 cc to Mr.A.Vijayakumar, Advocate, Sr. 41804 1 cc to Mr.N.A.Nissar Ahamed, Advocate, Sr. 41762 1 cc to Mr.V.Manohar, Advocate, Sr. 41996 1 cc to the Government Pleader, Sr. 42141 W.P.Nos.20175 of 2004, 25702 of 2005 and 18202 of 2007 and WPMP No.24291 of 2004 in 20175 of 2004 and M.P.No.1 of 2007 in W.P.No.18202 of 2007 SGL (CO) kk 11/8 https://hcservices.ecourts.gov.in/hcservices/