V.Selvam v. The District Collector

ORDER Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

¶2According to the petitioner, the petition mentioned lands can be exchanged with another patta land of the petitioner. There is some difficulty in accepting the said request. It is beyond dispute that survey No.111/1, Namburanpatti Village has been classified as 'mechal poromboke'.

¶3The learned Special Government Pleader draws my attention to the order dated 02.02.2022 made in W.P.(MD)No.19286 of 2021 (Raja Vs. Secretary, Revenue Department, Secretariat, Chennai). Paragraph Nos.5 & 6 of the order read as follows:- "5. Admittedly, Meikaal poramboke and Mandaiveli lands are earmarked for the purpose of grazing cattles and therefore, whenever it is to be converted, equivalent land has to be allocated for the said purpose. The provision regarding conversion at times is being misused and therefore, the Apex Court in the case of Rameshbhai Virabhai Chaudhari v. The State of Gujarat, [Civil Appeal No.5135 of 2021, dated 6.9.2021], which dealt with unauthorised encroachment on gauchar land, i.e., grazing land, held that the grazing land should be used only for the purpose for which it is permitted and no encroachment on such land is permissible. The relevant paragraphs of the said judgment are quoted hereunder: "It is trite to say that gouchar land can be used only for purposes for which it is permitted to be used. If there is a user contrary to the permissible user, whether by the State or by any third party, the same cannot go on. Rehabilitation of persons is really not required in the present case as only three persons are entitled to an alternative site as per rules. There is of course some dispute whether the encroachers have made permanent structures or kuchha construction for keeping cattle but be that as it may, the user cannot be contrary to what is being permitted for gouchar land, which is a grazing land. In view of the aforesaid, a direction is issued to bring the land in conformity with its use by the State Government taking appropriate action within a maximum period of three months from today."

¶6Taking into consideration the aforesaid direction read with the Rules permitting conversion of Meikaal Poramboke and Mandaiveli lands in the State of Tamil Nadu, we find it to be appropriate to direct the respondents not to convert those lands for regularization of encroachment. For other purposes also, conversion of land cannot be permitted unless equivalent area is identified and earmarked for such purpose. Any order to be passed for it shall be only after the prior approval of this Court. It would be by filing a separate application in the disposed of petition, justifying the conversion of lands and the purpose sought to be achieved, so that the judgment of the Apex Court referred to above is taken to its logical conclusion.

¶4Therefore, the petitioner cannot go ahead with the construction of toilet in the petition mentioned survey number. The petitioner has to conform to the requirement laid down by the Hon'ble First Bench.

¶5The Writ Petition is disposed of accordingly. No costs.

17.10.2023 Index : Yes / No Internet : Yes/ No rmi To

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Pudukkottai,

3.The Tahsildar,

4.The Village Administrative Officer, Namburanpatti,

5.The Regional Joint Director, Animal Husbandry Department, North Raja Veethi, Trichy Road, Pudukkottai-5.

G.R.SWAMINATHAN, J. rmi

17.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Selvam ... Petitioner Vs. 1.The District Collector, Pudukkottai District, Pudukkottai. 2.The Revenue Divisional Officer, Pudukkottai, 3.The Tahsildar, 4.The Village Administrative Officer, Namburanpatti, 5.The Regional Joint Director, Animal Husbandry Department, North Raja Veethi, Trichy Road, Pudukkottai-5. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to forbear the 3rd and 4th respondent from interfering with the constructing of the toilet in S.No.111/1 situated at Namburanpatti Revenue Village, Kandarvakottai taluk Pudukkottai district by considering petitioner's representation dated 06.10.2023. For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.K.Balasubramani Special Government Pleader