Kaliyan and Others vs The District Collector, Tiruchirappalli District and Others

R. Subbiah, J.—The Writ Petition has been filed seeking issuance of a Mandamus forbearing the third respondent from intervening with the petitioners'' occupation of Natham lands comprised in S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters, S.F. No. 108/11 admeasuring 00209 square meters and S.F. No. 108/12 admeasuring 00100 square meters situate at Ottathur Village, Lalgudi Taluk, Tiruchirappalli District.

The learned counsel for the petitioner would submit that the lands comprised in S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters, S.F. No. 108/11 admeasuring 00209 square meters and S.F. No. 108/12 admeasuring 00100 square meters are Natham lands in occupation and possession of the petitioners for the past 25 years wherein they have constructed pucca terraced house by getting financial assistance under Indra Awaas Yojana and the said house has been assessed to property tax by the third respondent. The petitioners have also raised garden around the said house. The petitioners had also mortgaged the said property and raised loans. While so, some third parties attempted to interfere with the petitioners'' enjoyment of the above said lands and therefore, the petitioners 1 and 2 were constrained to file a suit in O.S. No. 146/1997 on the file of the District Munsif cum Judicial Magistrate Court, Lalgudi and the said suit was decreed in favor of the petitioners 1 and 2. Even thereafter, there was an attempt by the very same persons to trespass into the garden portion of their property in S.F. No. 108/10 and S.F. No. 108/12 and therefore, the petitioners 1 and 2 were constrained to file another suit in O.S. No. 83/2002 on the file of the District Munsif cum Judicial Magistrate Court, Lalgudi. The said suit was also decreed in favor of the petitioners. It is further submitted that in respect of the property comprised in S.F. No. 108/11 patta was granted in the name of the first petitioner and thereafter subsequent to settlement in favor of the third petitioner, patta was also transferred in the name of the third petitioner. While the situation stood thus, the third respondent Panchayat by taking law in its hands without any authority whatsoever is attempting to intervene with the petitioners'' possession and enjoyment of the above said lands. The lands in occupation of the petitioners are Natham lands and no title vests with Panchayat or any of the respondents in respect of the above said lands. When that being the case, the third respondent Panchayat has no statutory or legal right to intervene with the petitioners'' peaceful possession and enjoyment of the above said lands. When the third respondent, which is a statutory authority under the Tamilnadu Panchayat Act, attempted to intervene with the possession of the petitioners'' lands, the petitioners were constrained to issue a lawyer''s notice to the respondents. Therefore, the first respondent after receipt of the said notice, through the Sub-Collector, Lalgudi, had called for report from the second respondent, Tasildar, Lalgudi, in respect of the high handed actions of the third respondent. Even as the respondents 1 and 2 are enquiring into the petitioners'' case, the third respondent without any regard is proceeding with the illegal actions. Therefore, the petitioner has come forward with this Writ Petition seeking for a mandamus forbearing the third respondent from intervening with the petitioners'' occupation of Natham lands comprised in S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters, S.F. No. 108/11 admeasuring 00209 square meters and S.F. No. 108/12 admeasuring 00100 square meters situate at Ottathur Village, Lalgudi Taluk, Tiruchirappalli District.

The third respondent has filed a counter inter alia stating except Survey No. 108/11 all other lands viz., Survey Nos. 108/9, 108/10, 108/12 in Ootathur Village, Lalgudi Taluk, Trichy District belong to Government. The land comprised in S. No. 108/11 alone belongs to the petitioners, for which they have obtained Patta and constructed a house therein. Except the land comprised in S. No. 108/11, the claim of the petitioner in respect of the other lands comprised in Survey Nos. 108/9, 108/10, 108/12 is not correct and hence the Writ Petition is liable to be dismissed since the petitioners have approached this Court with unclean hands and suppressed the material facts that they are having no right over the lands in Survey Nos. 108/9, 108/10, 108/12. If the petitioners claim title right against the respondents, then they have to necessarily approach the Civil Court, as per the Government Revenue records as well as on ground the petitioners are in occupation of R.S. No. 108/11 to an extent of 2.09 Ares. The claim of the petitioners that they are in possession and enjoyment of the Natham lands comprised in S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters, S.F. No. 108/11 admeasuring 00209 square meters and S.F. No. 108/12 admeasuring 00100 square meters situate at Ottathur Village, Lalgudi Taluk, Tiruchirappalli District is utter falsehood. In fact, the petitioners have not even produced a scrap of Government Records to substantiate their possession and enjoyment of the other properties except S. No. 108/11. Though it is the case of the petitioners that they have filed two suits in O.S. No. 146/1997 and O.S. No. 83/2002 before the District Munsif cum Judicial Magistrate Court, Lalgudi, in respect of the said properties, the respondents are not parties to the said suits and therefore, the decree passed in the said suit will not bind the respondents. Thus, the third respondent sought dismissal of the writ petition.

The learned counsel for the petitioner would submit that the petitioners are in occupation of the lands comprised in S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters, S.F. No. 108/11 admeasuring 00209 square meters and S.F. No. 108/12 admeasuring 00100 square meters situate at Ottathur Village, Lalgudi Taluk, Tiruchirappalli District and these lands are Natham lands. But the petitioners were provided with patta only in respect of the land in Survey No. 108/11. However, the fact remains that the lands wherein the petitioners are in possession have been classified as Natham lands. In this regard the learned counsel for the petitioner invited the attention of this Court to the decision of this Court delivered in A.K Thillaivanam and A.K. Dayalan Vs. The District Collector, Chengai Anna District at Kancheepuram, The District Revenue Officer, Kancheepuram, Chengai Anna District, The Revenue Divisional Officer, Kancheepuram, Chengai Anna District and The Tahsildar--> for the proposition that if the possession of the petitioner is established over the Natham land, that would itself be sufficient to claim absolute right over the properties. She would also invite the attention of this Court to the copy of the Adangal Register produced by the learned Government Advocate and submitted that in the title of the document it has been mentioned as natham. Therefore, as per the document produced on the side of the Government, there cannot be any quarrel with regard to the properties'' classification as Natham lands. When that being so, the petitioners are having right over the said lands due to the long and continuous possession of the same. In this regard, the learned counsel also submitted that the decree passed in O.S. No. 146/1997 and O.S. No. 83/2002 by the District Munsif cum Judicial Magistrate Court, Lalgudi, in favour of the petitioners would go to show that the petitioners have been in possession and enjoyment of the said lands for long time. Further, the third respondent who is the Panchayat President has no authority to intervene with the possession and enjoyment of the petitioners in the Natham lands. Thus, she sought for mandamus forbearing the third respondent from intervening with the petitioners'' occupation of Natham lands comprised in S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters, S.F. No. 108/11 admeasuring 00209 square meters and S.F. No. 108/12 admeasuring 00100 square meters situate at Ottathur Village, Lalgudi Taluk, Tiruchirappalli District.

Per contra, the learned Government Advocate appearing for the respondents 1 and 2 would submit that though the lands in question are Natham lands, except Survey No. 108/11, the possession of the petitioners in respect of S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters and S.F. No. 108/12 admeasuring 00100 square meters situate at Ottathur Village, Lalgudi Taluk, Tiruchirappalli District, is not admitted by the Government. In fact, in the Adangal Register in column No. 12 specified for name of the owner, the name of the petitioners does not find place and it shows S.F. No. 108/9 is a common well, S.F. No. 108/10 and S.F. No. 108/12 are vacant sites. Therefore the petitioners are having right only in respect of the land in S.F. No. 108/11 but they are trying to grab the entire lands. Further, the suits in O.S. No. 146/1997 and O.S. No. 83/2002 were filed against the third parties and the Government is not a party to the said suits and therefore, the decrees passed in O.S. No. 146 of 1997 and O.S. No. 83 of 2002 will not bind on them.

Heard the submissions of the learned counsels appearing on either side and perused the materials available on record.

Keeping in mind the submission of both sides and on perusal of the entire materials on record, it is the main submission of the learned counsel for the petitioners that the petitioners have been in long and continuous possession and enjoyment of the Natham lands and therefore, they have right over the Natham lands comprised in S.F. No. 108/9 admeasuring 00294 square meters, S.F. No. 108/10 admeasuring 0126 square meters, S.F. No. 108/11 admeasuring 00209 square meters and S.F. No. 108/12 admeasuring 00100 square meters situate at Ottathur Village, Lalgudi Taluk, Tiruchirappalli District. But, according to the respondents 1 and 2, except S. No. 108/11, they are disputing the possession of the petitioner in respect of the other lands i.e., the lands in Survey Nos. 108/9, 108/10, 108/12 which are classified as common well and vacant sites respectively. When that being so, this Court cannot decide the claim of the title to the disputed properties as to whether the petitioners are having righter over the said lands because this Court is not conducting any roving enquiry or a trial in this writ petition sitting under Article 226 of the Constitution of India. However, this Court is of the view that the appropriate remedy to the petitioners is to approach the Civil Court. Hence, this Court is not inclined to grant the relief sought in this writ petition and the Writ Petition is dismissed. However, the petitioners are at liberty to approach the Civil Court, if they so desire. No costs. Consequently, the connected miscellaneous petition is closed.