Madras High Court
S.Panjavarnam vs The Government Of Tamil Nadu on 31 July, 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.07.2014
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.(MD)No.7175 of 2009
and
M.P.(MD)No.2 of 2009
1.S.Panjavarnam
2.Manimurgan
S/o.Subbiah
3.Susila
W/o.Sundar
4.Ramila
W/o.Kuppusamy
5.S.Krishnadevi
6.K.Kanagavalli
7.Kathiresan
S/o.Rammaiya Thevar
8.Selvi
D/o.Kathiresan
9.R.Pappammal
10.V.Meenakshi
11.Vijayakumar
S/o.Veluchamy Thevar
12.Saravana Kumar
S/o.Veluchamy Thevar
13.Jeyanthi
W/o.Saravanan
14.Pushpavalli
W/o.Late.Veluchamy
15.Annalakshmi
W/o.Thangeswaran
16.Thangeswaran
S/o.R.Rathinam
17.R.Ramuthai
18.Roopavathi
W/o.Jeevan
19.Vairamani
W/o.Ramachariyar
20.R.Rajendran
21.Amutha
W/o.R.Rajendran
22.Selvi
W/o.Lakshmikantham
23.M.Dhanalakshmi
24.V.Sarawathi
25.Ram Babu
S/o.Murugan
26.Vasantha
W/o.Mohan
27.Savithri
W/o.S.R.Subramani
28.Usha
W/o.Manoharan
29.Lalitha
W/o.Subramani
30.Asha
W/o.Balan
31.Nirmala
W/o.Srinivasan
32.Padma
W/o.Kannan
33.Lakshmi
W/o.Sakthivel
34.Jeya
D/o.Sakthivel
35.Durga
W/o.S.R.Subramani
36.Kalavathi
W/o.D.R.Subramani
37.B.Devi
38.Rajeshwari
W/o.Sethu Raman
39.Sumathi
W/o.Sivakumar
40.Gnanam
W/o.Dhamotharan
41.Muthulakshmi
W/o.Rama Moorthy
42.Muthu
S/o.Ramamoorthy
43.R.Ramamoorthy
44.Mariammal
W/o.Kumar
45.Muthukumar
S/o.Ganesan
46.Banumathi
W/o.Pakiyanathan
47.Sagunthala
W/o.Balakrishnan
48.Selvi
W/o.Senthil Kumar
49.Divya
W/o.Ramkumar
50.T.K.Saroja
51.K.G.Lakshmi
52.Vimala
W/o.B.S.Sundaramoorthy
53.N.Geetha
54.J.S.Nirmala
55.K.Krishnaveni
56.Radha
W/o.Chokkalingam
57.M.Visalakshi
58.L.Chellammmal
59.S.Chellammal
60.R.A.Lakshmi
61.Renuka Devi
W/o.Moorthy
62.Kotta Malai
W/o.Subramanian
63.Deivanai
W/o.Late.Srinivasan
64.Samayamuthu
W/o.Thirugnanam
65.Panchavarnam
W/o.Muniyaraj
66.Kuncharam
W/o.Chellachamy
67.Muniyammal
W/o.Pandi
68.Mareeswari
W/o.Karuppasamy
69.Karuppaee
W/o.Marimuthu
70.Mahalakshmi
W/o.Ganesan
71.Parameshwari
W/o.Alagumalai
72.M.Vijaya
73.Nagajothi
W/o.Jeyakumar
74.Chithra
W/o.Ilaiyaraja
75.Panchavarnam
W/o.Rajendran
76.G.Vijaya
77.D.Pappa
78.Muthu Pandi
S/o.Devarayalu
79.Pandiyammal
W/o.Perumal
80.Ponnumayil
W/o.Veerapathiran
81.Jeeva
W/o.Kannan
82.R.Meenakshi
83.Parameshwari
W/o.Ramesh
84.Muniyammal
W/o.Kosumarriappan
85.Manimekalai
W/o.Muniyasamy
86.Pappathi
W/o.Late.Munisamy
87.Thirukkammal
W/o.Vazhivittan
88.Krishnammal
W/o.Krishna Thevar
89.Maruthavalli
W/o.Manimaran
90.Chellppandiyammal
W/o.Selvam
91.Meenakshi Sundari
W/o.Muniyasamy Asari
92.Pothumani
93.B.Dhanalakshmi
94.Kantham
W/o.Late.Duraisamy
95.Indra
W/o.Rajendran
96.Santhi
W/o.Kannan
97.Ramana
W/o.Raveendran
98.R.Padmavathy
99.P.S.Rajeshwari
100.K.V.Devi
101.Pandiyammal
102.Neelavathi
103.Susila
W/o.Vasudevan
104.K.G.Ramila
105.J.B.Girija
106.J.S.Dharsini
107.Vasantha
W/o.Late.Venkatachalapathy
108.S.Subbu Lakshmi
109.Parameswari
W/o.Manoharan
110.Chellamani
W/o.Jeyakumar
111.Valli
W/o.Kanima
112.Amutha
W/o.Marees
113.Subbulakshmi
W/o.Duraichamy
114.Dhanalakshmi
W/o.Subramanian
115.Ayyammal
W/o.R.Rathinam
116.Thangeshwari
117.Vijaya
W/o.Chandra Sekar
118.Manju
W/o.Kumar
119.Chithra
D/o.Pakkiyanathan
120.Rajeshwari
W/o.Murugesan
121.Durai
122.Rajesh
S/o.R.Rajendran
123.Ramnath
S/o.R.Rajendran
124.Shenbagavalli
125.Gracy
D/o.Santhiyagu
126.Chandra
127.Saroja
W/o.Late.Jawaharlal
128.Kamala
W/o.Sekar
129.K.Vasanthi
130.Rathiga
131.Sarojini
W/o.Krishnamoorthy
132.Karpagavalli
D/o.Manoharan
133.Rajeshwari
W/o.Ganeshmoorthy
134.Chandra
W/o.Gurusamy
135.Thangam
W/o.Muruvel Thevar
136.Nagoor Ammal
W/o.Sulthan
137.Pandi
138.Santha
W/o.Saravanan
139.Nagalakshmi
W/o.Anand
140.Vasantha
W/o.Periyasamy
141.P.Packiyam
142.Jeya
W/o.Alagesan
143.Nagarathinam
W/o.K.Ravi
144.Ravindranath
S/o.Murugan
145.R.Ganesan
146.Murugan
147.M.Arasakkal
148.Indumathi
W/o.Sundaram
149.M.Chellapandi
150.Banu
W/o.Late.Syed Hussain
151.L.P.Prema
152.V.L.Maheshwari
153.Muniyammal
W/o.Muniyandi
154.Meena
155.Umaiyal
W/o.Muniyaraj
156.Chandrasekaran
W/o.Rajaram
157.Ganesh
W/o.Jawaharlal
158.Mookkammal
W/o.Ganesan
159.Kumaresan
160.Pitchaiyammal
W/o.Late.Subbaiah
161.Manimekalai
W/o.Mukesh
162.Kuppumani ... Petitioners
Vs.
1.The Government of Tamil Nadu,
rep.by its Secretary,
Housign Department,
Chennai.
2.The Managing Director,
Tamil Nadu Housing Board,
No.493, Anna Salai,
Nandhanam,
Chennai.
3.The Chief Executive Engineer,
Tamil Nadu Hosing Board,
Chennai-600 035.
4.The Executive Engineer cum
Administrative Officer,
Madurai Housing Unit,
Madurai Housing Board,
Avaniyapuram, Madurai.
5.The Assistant Secretary (Allotment),
Tamil Nadu Housing Board, Chennai-35.
6.The Revenue Divisional Officer,
Revenue Department, Madurai. ... Respondents
Writ petition under Article 226 of the Constitution of
India, praying for issuance of a writ of mandamus, directing the respondents
to divide the land in S.No.411/1 and 1/1, at Avaniyapuram into housing plots
and allot the same to the petitioners, as promised by the respondent on so
many occasions.
!For Petitioner : Ms.J.Ananthavalli
for Mrs.J.Nisha Banu.
For Respondents : Mr.S.Sathesh Kumar,
1&6 Addl.Govt.Pleader.
For Respondents : Mr.S.Nagarajan,
2 to 5
:ORDER
This writ petition is in respect of the land comprised in Survey No.411/1 and 1/1 at Avaniyapuram in Madurai. This land was originally owned by the Revenue Department, Government of Tamil Nadu. The petitioners claim that they were all encroachers on the said property. Subsequently, as per G.O.Ms.No.110, Housing and Urban Development Department, dated 04.02.1988, the said land was taken over by the Tamil Nadu Housing Board. Subsequently, it was proposed by the Tamil Nadu Housing Board to develop the said land into lay-outs under the Tamil Nadu Urban Development Project. The Local Planning Authority had also issued approval for the lay-out as per L.P./DTCP No.1095/94.
2.When the encroachers were sought to be evicted, the encroachers alledgedly indulged in crimes, resulting in registration of a criminal case in Crime No.12 of 1996, on 09.01.1996, for offences under Sections 147, 148, 353 and 500(2) IPC. However, the officials managed to evict the encroachers from the property. It is now stated by the petitioners that at the time when they were evicted, assurance was given by the District Collector that after the lay-out was laid, they would be allotted plots and contrary to the same, according to the petitioners, plots have not been allotted to them. Therefore, the petitioners have come up with this writ petition seeking a direction to divide the said land into housing plots and to allot the same to the petitioners, as promised by the respondents on so many occasions.
3.A detailed counter was filed by the 4th respondent on 28.08.2010, followed by an additional counter on 28.01.2011. In these two counters, it is stated that the land is used for industrial purpose and therefore there is no question of allotting them for any individuals.
4.I have heard Ms.J.Ananthavalli, learned counsel appearing for the petitioners, the learned Additional Government Pleader appearing for respondents 1 and 6 and the learned Standing Counsel for the Tamil Nadu Housing Board appearing for respondents 2 to 5 and I have also perused the records, carefully.
5.Even according to the petitioners, they are the erstwhile encroachers of the property in question. In the additional counter filed by the respondents, it is stated that the petitioners were not the encroachers and they had nothing to do with the property. Assuming that the stand of the petitioners is true, they were only encroachers of the property and they have got no vested interest in the property. An encroacher is bound to be evicted always and on such eviction, he cannot claim any lien or any other right over the said property.
6.The learned counsel for the petitioners would submit that the petitioners may be given alternative site, atleast. If it is their request, they can very well make appropriate application to the District Collector, who shall consider their request. In this writ petition, we are concerned only with the land now owned by the Tamil Nadu Housing Board. The said land can be disposed of only as proposed by the Tamil Nadu Housing Board, by following the established procedure. Therefore, the question of allotting the same, by dividing them into plots, to the petitioners does not arise at all. In such view of the matter, the relief sought for by the petitioners in this writ petition cannot be granted.
7.In view of the above, the writ petition is dismissed. However, it is open for the petitioners to make an application to the District Collector seeking alternative site in any other place and if any such application is made, it is for the District Collector to consider the same, in accordance with law. No costs. Connected M.P.(MD)No.2 of 2009 is also dismissed.
Index : Yes 31.07.2014 Internet: Yes gb To: 1.The Secretary to the Government, Housing Department, Chennai. 2.The Revenue Divisional Officer, Revenue Department, Madurai. S.NAGAMUTHU,J gb Order in WP(MD)No.7175/2009 and MP(MD)No.2/2009 Dated:31.07.2014