Case Note & Summary
The writ petition was filed by six individuals (Dhanasekaran, Sakthivel, Sagadevan, Raman, Ramachandran, and Lakshmanan) against the State of Tamil Nadu and revenue officials, challenging an order dated 30.06.2021 passed by the Tahsildar, Nallampalli Taluk, and a consequential notice dated 10.07.2021 issued by the Revenue Inspector. The impugned order directed the eviction of the petitioners from grazing government poramboke land in Survey No. 343, Athiyamankottai village, on the ground of encroachment. The petitioners claimed that they had been residing in houses constructed on the said land for a long time and sought a writ of certiorarified mandamus to quash the eviction order and direct the revenue authorities to issue patta for their residential houses in terms of G.O. Ms. No. 318 dated 30.08.2019. The court observed that the impugned order was passed without issuing any notice or affording an opportunity of hearing to the petitioners, which violated the principles of natural justice. The court also noted that the private respondent (M. Govindaraj) had filed a counter affidavit opposing the petition. After hearing the counsel for the petitioners, the Additional Government Pleader for the state respondents, and the counsel for the private respondent, the court quashed the impugned order and remitted the matter to the Tahsildar for fresh consideration. The Tahsildar was directed to issue notice to all parties, including the private respondent, and pass a fresh order after hearing them. The court further directed the Tahsildar to consider the petitioners' applications for patta in accordance with G.O. Ms. No. 318 dated 30.08.2019, if such applications were pending. The writ petition was disposed of with these directions, and connected miscellaneous petitions were closed.
Headnote
A) Constitutional Law - Writ Jurisdiction - Certiorarified Mandamus - Quashing of Eviction Order - The petitioners challenged the Tahsildar's order dated 30.06.2021 directing eviction from grazing government poramboke land. The court found that the order was passed without notice or hearing to the petitioners, violating principles of natural justice. Held that the impugned order is quashed and the matter remitted to the Tahsildar for fresh consideration after hearing all parties (Paras 1-4). B) Land Law - Government Poramboke Land - Encroachment - Regularization - The petitioners sought patta for their residential houses under G.O. Ms. No. 318 dated 30.08.2019. The court directed the Tahsildar to consider the petitioners' applications for patta in accordance with the said Government Order, after affording an opportunity of hearing to the private respondent and the petitioners (Para 4).
Issue of Consideration
Whether the impugned order of the Tahsildar directing eviction of the petitioners from grazing government poramboke land without affording them an opportunity of hearing is sustainable in law, and whether the petitioners are entitled to patta for their residential houses under G.O. Ms. No. 318 dated 30.08.2019.
Final Decision
The impugned order dated 30.06.2021 passed by the 6th respondent (Tahsildar) and the consequential notice dated 10.07.2021 issued by the 7th respondent (Revenue Inspector) are quashed. The matter is remitted to the Tahsildar for fresh consideration. The Tahsildar is directed to issue notice to all parties, including the private respondent, and pass a fresh order after affording an opportunity of hearing. The Tahsildar shall also consider the petitioners' applications for patta in accordance with G.O. Ms. No. 318 dated 30.08.2019, if pending. The writ petition is disposed of. No costs. Connected miscellaneous petitions are closed.
Law Points
- Writ of Certiorarified Mandamus
- Encroachment of Government Poramboke Land
- Right to be Heard
- Natural Justice
- G.O. Ms. No. 318 Revenue and Disaster Management Department dated 30.08.2019
- Patta for Residential Houses
