High Court · 2025
Case Details
W.A.Nos.2823, 2670 & 2696 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.09.2025CORAM : THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAMANDTHE HON'BLE MR.JUSTICE C.SARAVANANW.A.No.2823 of 2022 & CMP.No.22973 of 2022W.A.No.2670 of 2022 & CMP.No.21544 of 2022andW.A.No.2696 of 2022 & CMP.No.21851 of 2022C.Saravanan...Appellant in WA.No.2823 of 2022C.Shanmuga Sundaram...Appellant inWA No.2670 of 2022D.Chandran...Appellant inWA.No.2696 of 2022Vs.1.The State of Tamil nadu Rep by Secretary to Government Revenue Department Fort St.George, Chennai-600 009.2.The Collector Kancheepuram District, Kancheepuram.3.The Revenue Divisional Officer, Tambaram, Chennai – 600 045.1/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 20224.The Tahsildar Tambaram Taluk Tambaram, Chennai – 600 045....Respondents in all WAs. PRAYER: The Writ Appeals have been filed under Section 15 of Letters patent against the order of this Court dated 18.10.2022 passed in W.P.Nos.13611, 13612 & 13610 of 2015.For Appellants... Mr.Shabeer Ali.Hin all WAsfor M/s.Sarvabhauman Associates For Respondent... Mrs.Akila Rajendranin all WAsGovt. AdvocateCOMMON JUDGMENT(The judgment of this Court was made by S.M.Subramaniam,J.,)The writ order dated 18.10.2022 passed in W.P.Nos.13611, 13612 & 13610 of 2015 is under challenge in the present intra-court appeals.2.The writ petitioner in all writ petitions are the appellants herein and they set out a claim that they are in possession and enjoyment of the property to an extent of 0.94.04 hectares of land comprised in survey No.308/1 Part, No.27, Tambaram Village and TambaramTaluk for about 40 years.2/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 20223.The appellants state that they were cultivating the land for long years. However, their applications seeking assignment were not considered for long time. Therefore, they filed W.P.Nos.26623 to 26625 of 2014 and this Court by order dated 08.10.2014 directed the District Collector to dispose of the representation. Pursuant to the said order, they have approached the District Collector, Kancheepuram District, who conducted an enquiry and rejected the claim of the appellants vide proceedings dated 21.04.2015 on the ground that the subject property falls within a radius of 32 kilo meters from Chennai. Therefore, no assignment or patta can be granted in respect of the Government land in view of the Government order in G.O.(Ms).No.1470, Revenue Department, dated 11.05.1971. There is a ban for grant of assignment or patta in respect of the Government land falling within the radius of 32 kilomerts from Chennai City. The said order came to be challenged in the writ proceedings. 3/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 20224.The writ court also elaborately considered the facts and the present status of the subject land. The appellants had encroached upon the Government land, cultivated it for some time and thereafter, submitted an application seeking assignment. The District Collector rejected the application on the ground that the land falls within a banned area from Chennai city. 5.In respect of the contention raised by the appellants, the Government replied by stating that the subject land was initiatlly assigned to Valluvar Gurukulam vide G.O.(Ms).No.794, Revenue Department, Dated 18.04.1944 with a specific condition that the said land should not be alienated and must be used only for agricultural purposes. However, violating the said specific condition, a portion of the land was alienated to one late Krishnamurthy, who was then a Teacher of Valluvar Gurukulam's School, for cultivating paddy, which was encroached upon by the appellant D.Chandran, who was working as Watchman under the late Krishnamurthy and upon passing away of Krishnamurthy, the appellants had started utilising the land for commercial purposes. Now, presently the property falls within the Tambaram Taluk and the Government has already 4/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022taken a decision to construct Tambaram Police Commissionarate in the subject property.6. The learned Governmet Advocate would submit that the construction activities commenced and are in progress, as the land has been already utilised for public purposes, more specifically for construction of Tambaram Police Commissionarate. Therefore the question of considering the application submitted by the appellants for grant of assignment or patta does not arise at all. However, if at all, the appellants are landless poor persons and eligible for grant of free house site patta in terms of Revenue Standing Order 21, then they have to submit an application under any one of the welfare schemes available for grant of free house site patta to the authorities. While considering the application, the terms and conditions and guidelines issued by the Government are to be scrupulously followed.7.Pertinently, Valluvar Gurukulam, who is the original assignee, filed W.P.Nos.34363 of 2022 and 5565 of 2023 seeking patta in respect of the entire extent of 9.77 acres. The rights of Valluvar Gurukulam were also 5/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022adjudicated elaborately by the learned single judge of this Court and a judgment was delivered on 26.07.2023, wherein this Court observed as follows:"9.The petitioner/School themselves have stated in their affidavit that one Mr.Krishnasamy, who was a Teacher in the School was permitted to raise crops in the alienated land which is a gross violation of RSO 24(6) committed by the petitoner/School. Since the peitioner did not utilize the enire extent of 9.77 acres as per RSO 24(6), the Government has resumed an extent of 4.65 acres. Out of the said 4.65 acres, 2.32 acres of land was assigned to the Police Commissionerate, Tambaram for constrction of buildings for the benefit of the Commissionerate. Petitioner's contentions:10.The petitioner is Valluvar Gurukulam and the School was started in and around 1940 for the benefit dstitute, refugee children, who migrated back from Burma to their homeland in Tamil Nadu. The then District Board President recommended assignment of the subject lands to the petitiner/School. Accordingly, the assignment was granted. The petitioner stats that the School is functioning in full swing and about three thousand students are studying 6/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022in the School. Both English and Tamil medium classes are undertaken and they are collecting fees only for English medium and providing Tamil medium classes at free of cost. The petitioner has constructed School by initially starting Elementary School and Subsequently, it was upgraded. The petitioner/School themselvers state that nominal fees is being collected as per the Rules and Regulations applicable to the petitioner/School. 11.The petitioner in their affidavit has stated that in 1982, one Mr.Krishnasamy, who was a Teacher in the petitioner/School was asked to raise crops in a small potion of the subject land in S.No.308/1, for feeding the orphanage students. The said teacher Mr.Krishnasamy died on 14.02.1986 and the watchman by name Mr.D.Chandran, engaged by the said Mr.Krishnasamy was living in a thatched shed put up by the petitioner/School for storing agricultural instruments and also for tethering cattle." 8.Since the original assignee was unsuccessful and the said Krishnamurthy, who worked as a Teacher died, the appellants, who all are encroachers, have made an attempt to squat upon the government land by instituting a litigations. 7/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022 With the above observations, the writ appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.J) (C.S.N.J) 09.09.2025Index : Yes/NoInternet : Yes/NoSpeaking order/Non-Speaking orderNeutral Citation : Yes/NosmsTo1.The State of Tamil nadu Rep by Secretary to Government Revenue Department Fort St.George, Chennai-600 009.2.The Collector Kancheepuram District, Kancheepuram.3.The Revenue Divisional Officer, Tambaram, Chennai – 600 045.4.The Tahsildar Tambaram Taluk Tambaram, Chennai – 600 045.S.M.SUBRAMANIAM,J.,and8/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022C.SARAVANAN,J.,smsW.A.No.2823 of 2022 & CMP.No.22973 of 2022W.A.No.2670 of 2022 & CMP.No.21544 of 2022andW.A.No.2696 of 2022 & CMP.No.21851 of 202209.09.20259/9
W.A.Nos.2823, 2670 & 2696 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.09.2025CORAM : THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAMANDTHE HON'BLE MR.JUSTICE C.SARAVANANW.A.No.2823 of 2022 & CMP.No.22973 of 2022W.A.No.2670 of 2022 & CMP.No.21544 of 2022andW.A.No.2696 of 2022 & CMP.No.21851 of 2022C.Saravanan...Appellant in WA.No.2823 of 2022C.Shanmuga Sundaram...Appellant inWA No.2670 of 2022D.Chandran...Appellant inWA.No.2696 of 2022Vs.1.The State of Tamil nadu Rep by Secretary to Government Revenue Department Fort St.George, Chennai-600 009.2.The Collector Kancheepuram District, Kancheepuram.3.The Revenue Divisional Officer, Tambaram, Chennai – 600 045.1/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 20224.The Tahsildar Tambaram Taluk Tambaram, Chennai – 600 045....Respondents in all WAs. PRAYER: The Writ Appeals have been filed under Section 15 of Letters patent against the order of this Court dated 18.10.2022 passed in W.P.Nos.13611, 13612 & 13610 of 2015.For Appellants... Mr.Shabeer Ali.Hin all WAsfor M/s.Sarvabhauman Associates For Respondent... Mrs.Akila Rajendranin all WAsGovt. AdvocateCOMMON JUDGMENT(The judgment of this Court was made by S.M.Subramaniam,J.,)The writ order dated 18.10.2022 passed in W.P.Nos.13611, 13612 & 13610 of 2015 is under challenge in the present intra-court appeals.2.The writ petitioner in all writ petitions are the appellants herein and they set out a claim that they are in possession and enjoyment of the property to an extent of 0.94.04 hectares of land comprised in survey No.308/1 Part, No.27, Tambaram Village and TambaramTaluk for about 40 years.2/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 20223.The appellants state that they were cultivating the land for long years. However, their applications seeking assignment were not considered for long time. Therefore, they filed W.P.Nos.26623 to 26625 of 2014 and this Court by order dated 08.10.2014 directed the District Collector to dispose of the representation. Pursuant to the said order, they have approached the District Collector, Kancheepuram District, who conducted an enquiry and rejected the claim of the appellants vide proceedings dated 21.04.2015 on the ground that the subject property falls within a radius of 32 kilo meters from Chennai. Therefore, no assignment or patta can be granted in respect of the Government land in view of the Government order in G.O.(Ms).No.1470, Revenue Department, dated 11.05.1971. There is a ban for grant of assignment or patta in respect of the Government land falling within the radius of 32 kilomerts from Chennai City. The said order came to be challenged in the writ proceedings. 3/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 20224.The writ court also elaborately considered the facts and the present status of the subject land. The appellants had encroached upon the Government land, cultivated it for some time and thereafter, submitted an application seeking assignment. The District Collector rejected the application on the ground that the land falls within a banned area from Chennai city. 5.In respect of the contention raised by the appellants, the Government replied by stating that the subject land was initiatlly assigned to Valluvar Gurukulam vide G.O.(Ms).No.794, Revenue Department, Dated 18.04.1944 with a specific condition that the said land should not be alienated and must be used only for agricultural purposes. However, violating the said specific condition, a portion of the land was alienated to one late Krishnamurthy, who was then a Teacher of Valluvar Gurukulam's School, for cultivating paddy, which was encroached upon by the appellant D.Chandran, who was working as Watchman under the late Krishnamurthy and upon passing away of Krishnamurthy, the appellants had started utilising the land for commercial purposes. Now, presently the property falls within the Tambaram Taluk and the Government has already 4/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022taken a decision to construct Tambaram Police Commissionarate in the subject property.6. The learned Governmet Advocate would submit that the construction activities commenced and are in progress, as the land has been already utilised for public purposes, more specifically for construction of Tambaram Police Commissionarate. Therefore the question of considering the application submitted by the appellants for grant of assignment or patta does not arise at all. However, if at all, the appellants are landless poor persons and eligible for grant of free house site patta in terms of Revenue Standing Order 21, then they have to submit an application under any one of the welfare schemes available for grant of free house site patta to the authorities. While considering the application, the terms and conditions and guidelines issued by the Government are to be scrupulously followed.7.Pertinently, Valluvar Gurukulam, who is the original assignee, filed W.P.Nos.34363 of 2022 and 5565 of 2023 seeking patta in respect of the entire extent of 9.77 acres. The rights of Valluvar Gurukulam were also 5/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022adjudicated elaborately by the learned single judge of this Court and a judgment was delivered on 26.07.2023, wherein this Court observed as follows:"9.The petitioner/School themselves have stated in their affidavit that one Mr.Krishnasamy, who was a Teacher in the School was permitted to raise crops in the alienated land which is a gross violation of RSO 24(6) committed by the petitoner/School. Since the peitioner did not utilize the enire extent of 9.77 acres as per RSO 24(6), the Government has resumed an extent of 4.65 acres. Out of the said 4.65 acres, 2.32 acres of land was assigned to the Police Commissionerate, Tambaram for constrction of buildings for the benefit of the Commissionerate. Petitioner's contentions:10.The petitioner is Valluvar Gurukulam and the School was started in and around 1940 for the benefit dstitute, refugee children, who migrated back from Burma to their homeland in Tamil Nadu. The then District Board President recommended assignment of the subject lands to the petitiner/School. Accordingly, the assignment was granted. The petitioner stats that the School is functioning in full swing and about three thousand students are studying 6/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022in the School. Both English and Tamil medium classes are undertaken and they are collecting fees only for English medium and providing Tamil medium classes at free of cost. The petitioner has constructed School by initially starting Elementary School and Subsequently, it was upgraded. The petitioner/School themselvers state that nominal fees is being collected as per the Rules and Regulations applicable to the petitioner/School. 11.The petitioner in their affidavit has stated that in 1982, one Mr.Krishnasamy, who was a Teacher in the petitioner/School was asked to raise crops in a small potion of the subject land in S.No.308/1, for feeding the orphanage students. The said teacher Mr.Krishnasamy died on 14.02.1986 and the watchman by name Mr.D.Chandran, engaged by the said Mr.Krishnasamy was living in a thatched shed put up by the petitioner/School for storing agricultural instruments and also for tethering cattle." 8.Since the original assignee was unsuccessful and the said Krishnamurthy, who worked as a Teacher died, the appellants, who all are encroachers, have made an attempt to squat upon the government land by instituting a litigations. 7/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022 With the above observations, the writ appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.J) (C.S.N.J) 09.09.2025Index : Yes/NoInternet : Yes/NoSpeaking order/Non-Speaking orderNeutral Citation : Yes/NosmsTo1.The State of Tamil nadu Rep by Secretary to Government Revenue Department Fort St.George, Chennai-600 009.2.The Collector Kancheepuram District, Kancheepuram.3.The Revenue Divisional Officer, Tambaram, Chennai – 600 045.4.The Tahsildar Tambaram Taluk Tambaram, Chennai – 600 045.S.M.SUBRAMANIAM,J.,and8/9 https://www.mhc.tn.gov.in/judis W.A.Nos.2823, 2670 & 2696 of 2022C.SARAVANAN,J.,smsW.A.No.2823 of 2022 & CMP.No.22973 of 2022W.A.No.2670 of 2022 & CMP.No.21544 of 2022andW.A.No.2696 of 2022 & CMP.No.21851 of 202209.09.20259/9