CHENNAI: A division bench of the Madras High Court has overturned the order of a single judge who directed government authorities concerned to issue patta to members of a Scheduled Tribe who have been engaged in farming activities on land classified as Kaadu Poramboke, unassessed waste dry land (tharisu) and Poromboke land in the Kalvarayan hills.
However, the bench said that taking into consideration various factors and mitigating circumstances under which the ST community in Kalvarayan Hills is placed, the government — being a welfare state — is expected to show compassion, in order to protect their livelihood which is a basic right enshrined in the Constitution.
The HC in exercise of power of judicial review may not issue directions to grant patta or to assign government lands. Such policy/administrative decisions are to be taken at the government level, the bench said in a recent order while disposing of the appeals filed by the commissioner of land administration and other authorities concerned against the single judge’s order.
It held that patta cannot be issued under the Tamil Nadu Patta Passbook Act, as directed by the single judge, because the subject land is classified as Kadu Poramboke, unassessed waste dry land (tharisu) and Poromboke land. As an alternative, the bench said, it would direct the appellant authorities to initiate all necessary action to assess the land encroached upon in the particular locality and submit necessary proposal to the government for granting assignment based on eligibility criteria and by following the procedures contemplated in the Revenue Standing Order.
