Madras High Court
Tmt.Kannammal Educational Trust vs The State Of Tamil Nadu on 27 February, 2017
Author: B.Rajendran
Bench: B.Rajendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.02.2017 CORAM: The Honourable Mr. Justice B.RAJENDRAN Writ Petition No.2279 of 2017 Tmt.Kannammal Educational Trust, rep. By its Managing Trustee, Smt. Lalitha Lakshmi having office at New No.22, Old No.121, G.N.Chetty Road, T.Nagar, Chennai 600 017. ... Petitioner vs. 1. The State of Tamil Nadu, rep. By Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009. 2. The State of Tamil Nadu, rep. By Secretary to Government, P.W.D. Department, Fort St. George, Chennai 600 009. 3. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600 005. 4. The District Collector, Thiruvallur, Thiruvallur District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider the representation of the petitioner as contained in their representations/review dated 25.05.2010 and 19.08.2015 preferred against the order of the 1st respondent in Letter (MS) No.189-Revenue, dated 19.04.2010 and to grant necessary long lease or assignment of the said Government lands in Survey Nos.432/2 (part), 435, 436 and 442 of Mogappair Village and Survey Nos.1, 13/1 and 13/2 (part) of Maduravoyal Village, Ambattur Taluk, Thiruvallur District for the educational activities of the petitioner as has been granted to similarly placed persons, on such terms and conditions as may be reasonable. For Petitioner : Mr.Satish Parasaran, Senior Counsel for Mr.S.Ratnasabapathy For Respondents : Mr.S.Rajeswaran, Special Government Pleader O R D E R
The petitioner has come up with this Writ Petition seeking a direction to the respondents to consider their Review Application dated 25.05.2010 preferred against the order of the 1st respondent in Letter (MS) No.189-Revenue, dated 19.04.2010 and their representation dated 19.08.2015 seeking to grant necessary long lease or assignment of the said Government lands in Survey Nos.432/2 (part), 435, 436 and 442 of Mogappair Village and Survey Nos.1, 13/1 and 13/2 (part) of Maduravoyal Village, Ambattur Taluk, Thiruvallur District for their educational activities, as has been granted to similarly placed persons, on such terms and conditions as may be reasonable.
2. The petitioner is an Educational and Charitable Trust, which has established several Educational Institutions including Thaimoogambigai Polytechnic College, Thaimoogambigai Dental College and Hospital and Dr.M.G.R. Engineering College in their patta lands bearing Survey Nos.433/1, 433/2, 432/1, 434 and 384/1 of Mogappair Village and S.No.13/1A-2 of Maduravoyal Village. The lands adjoining the patta lands of the petitioner in Survey Nos.432/2 (Part), 435, 436 and 442 of Mogappair Village and Survey No.1 (Part), 13/1 and 13/2 (Part) Maduravoyal Village, Ambattur Taluk, Thiruvallur District are Government lands, which were in the possession and enjoyment of various hut dwellers for several years. The petitioner Trust had purchased the said lands from various persons who had been in occupation of the same for more than 40 years under different documents and the petitioner has been in possession and enjoyment of the said Government lands for more than 20 years and have been utilising the same only for their educational objects and purposes, as playground and vehicle stand. The petitioner has properly fenced and preserved these Government lands from encroachment by third parties and maintained the same. Major portion of the Government lands in occupation and enjoyment of the petitioner Trust have been used for educational purposes, as playground and parking area for students' vehicles and such lands are lying between the patta lands of the petitioner, where the Educational Institutions are being run.
3. That apart, there are Government lands in Mogappair Village which have been allowed by the respondents to be developed by the encroachers by putting up various types of buildings and electricity connection has also been given. The residents (encroachers) have also been issued ration cards and included in the voters' list apart from being provided accessible roads. According to the petitioner, such lands can only be construed as Government poramboke lands and cannot at any stretch of imagination be construed as river bed poramboke (Coovum). Further, the Government lands in between the patta lands of the petitioner cannot, in reality, be termed as river bed poramboke or water bodies and such lands are being used by them only for their educational activities as playground and parking area.
4. While so, during the December 2005 floods particularly in Coovum river, riverbed encroachments have been forcibly removed, in which process, based on the Field Map prepared for that occasion, without reference to the old Field Map, some portions of buildings in the patta lands of the petitioner were also demolished, as if they are in Government poramboke lands or river bed poramboke land. Even in the patta lands of the petitioner in Survey No.432/1, some portions of the building have been demolished. On account of such demolition of the buildings and accessible bridge in between the educational institutions, the petitioner Trust suffered huge loss running to several crores of rupees. Hence, the petitioner submitted an application to the Government for allotment of Government poramboke lands on long term lease or assignment or sale in their favour by way of representation dated 20.04.2006 for the purpose of using the same only for educational purposes and at the same time agreeing to abide by any conditions that may be imposed including payment of lease amount or cost of assignment.
5. Since no action was forthcoming, the petitioner filed W.P.No.14396 of 2006 and this Court, without going into the merits of the case, passed an order on 16.05.2006, directing the 1st respondent herein to consider the request of the petitioner and pass orders on merits and in accordance with law within four weeks from the date of the order. Thereafter, the petitioner submitted a representation highlighting the order of this Court, by letters dated 21.12.2006 and 20.02.2007, which was followed by further representations to the 3rd respondent dated 12.04.2007 and 07.05.2007. The petitioner also submitted a complaint to the Inspector of Police by letter dated 15.03.2007 for protecting the lands from encroachments. A further representation dated 01.09.2007 was submitted by the petitioner to the fourth respondent, which was followed by a representation dated 05.02.2008 to the 1st respondent. Thereafter, the petitioner submitted a representation to the 1st respondent dated 23.06.2008 mainly highlighting the allotment, sale and lease of Government poramboke lands to various educational trusts and requested for lease or assignment of the lands in question for educational activities in favour of the petitioner.
6. Such being the position, the 1st respondent, by letter dated 01.08.2008, informed that Government poramboke lands which are classified as water course poramboke, cannot be allotted on lease basis in view of the ban in existence for assignment/lease of water course poramboke and also in the light of the order this Court, dated 27.06.2008 in W.P.No.20186 of 2000, which is connected with water course porambokes. Based on the said rejection, the P.W.D. authorities forced the petitioner to demolish a Mess comprising 6000 sq. ft. beneath the patta lands of the petitioner in Survey No.432/1 of Mogappair Village, wherein the petitioner had constructed a temporary shed for the students utility as a mess for a limited period of time in a day on the ground that the said construction is a river poramboke.
7. In view of the above, the petitioner addressed a letter to the respondents on 25.02.2009 requesting for exact measurement of the patta lands with reference to old field map as well as the new field map which was made use of for the purpose of removal of encroachment on the river poramboke during the floods in 2005. The petitioner also submitted a representation dated 12.03.2009 for appropriate permission to continue to occupy the mess hall of 6000 sq. ft. The petitioner also filed a Review Application seeking to reconsider the orders issued by the Government on 01.08.2008 rejecting the claim of the petitioner for allotment of the Government lands on long lease/assignment basis, as has been done for educational purposes.
8. Thereafter, the petitioner filed W.P.No.5178 of 2009 before this Court seeking a direction to the respondents to consider their claims as contained in their Review Petition dated 12.03.2009 preferred against the order of the 1st respondent, dated 01.08.2008, by appointing an Independent Expert Commissioner, or Advocate Commissioner to verify and report the character, nature and extent of the patta lands of the petitioner in Survey Nos.433/1, 433/2, 432/1, 434, 384/1 of Mogappair Village and Survey No.13/1A-2 of Maduravoyal Village as well as Government lands in Survey No.432/2 part, 435, 436 and 442 of Mogappair Village, Ambattur Taluk, Thiruvallur District. This Court, by an order dated 01.04.2009 disposed of the said Writ Petition by directing the 1st respondent to consider the petitioner's request and pass orders on merits and in accordance with law within a period of eight weeks thereafter.
9. Based on the order passed in the Writ Petition, the petitioner submitted a written statement to the Secretary, Revenue Department on 22.09.2009, 25.04.2009 and on 22.05.2009, requesting the Secretary, Revenue Department to consider their request for the lease of the Government poramboke lands as mentioned in detail in the petitioner's Review Petition dated 12.03.2009. Pursuant to the directions made in W.P.No.5178 of 2009, the District Collector, Thiruvallur District required the Revenue authorities to conduct on-site inspection of the lands in question and submit the report to him. As per the orders of the District Collector, the Tahsildar, Ambattur Taluk, and the Revenue Divisional Officer, Ponneri conducted on-site inspection and submitted a report to the District Collector stating that the lands in question required by the petitioner for long lease are situated between the patta lands, and that the petitioner has been in possession for more than 20 years and specifically stated that the lands in question are actually not in the nature or characteristic or in the position of watercourse poramboke.
10. The District Collector, Thiruvallur District, by his letter No.Na.Ka.18184/2002/M1, dated 19.10.2009 addressed to the Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai 600 005, stated in detail of the Reports submitted by Tahsildar and RDO, Ponneri, that the lands in question are not actually in the position of watercourse poramboke and required the Government to take appropriate decision in respect of granting the said lands on long lease to the petitioner. Thereafter, the Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai 600 005 in his letter No.E1/24237/2008, dated 23.11.2009 addressed to the Principal Secretary to the Government, Revenue Department, Government of Tamil Nadu submitted his report to the Government on the basis of the Collector's Report that the request of the petitioner for lease of lands in water body, a highly objectionable Government poramboke cannot be considered and required the Government to reject the request of the petitioner and pass appropriate orders.
11. On the basis of the Report of the Principal Secretary and Commissioner of Land Administration, Government of Tamil Nadu, dated 23.11.2009, the Revenue Secretary, Government of Tamil Nadu, by its order dated 19.04.2010, rejected the request of the petitioner. According to the petitioner, the said order of the 1st respondent is unjustifiable, discriminatory and passed without appreciating the ground reality in respect of the present position of lands in question and without taking into consideration the several allotment of lands made by the Government to several educational Institutions. Hence, the petitioner made a representation/review, dated 25.05.2010 and requested the Government to reconsider its order dated 19.04.2010 passed by the Secretary, Revenue Department and allot the said Government poramboke lands in Survey Nos.432/2, 435, 436 and 442 on long lease to the petitioner for the purpose of using it as playground for students.
12. It is the case of the petitioner that the rejection of their request for grant of long lease/assignment of the Government lands on the ground that it is a river bed poramboke is unsustainable and contrary to the ground realities. The Government lands are in their possession and enjoyment for a long time for educational purposes and the petitioner has been using them as playground and parking area and the petitioner's possession was totally unobjectionable by the Government. It is the further contention of the petitioner that the Government has in fact allotted, transferred or assigned Government lands to various Educational Institutions, viz.,
(a) Vellore Engineering College, Vellore District, presently VIT at Katpadi by G.O.Ms.No.112 (Revenue), dated 09.03.2001 ... 98.80 Acres
(b) Nagarathinam Angalammal Educational Trust, Valayakulam Village, Madurai District by G.O.Ms.No.77, Revenue, dated 20.02.2001 ... 10.10 Hectares
(c) Melmaruvathur Adhiparasakthi Educational Institutions, Kesavarayan Pettai Village, Kancheepuram District by G.O.Ms.No.643 Revenue, dated 08.12.1999 ... 34.65.5 Hectares
(d) Periyar Mariyammai Educational & Charitable Trust, Vallam, Thanjavur District by G.O.Ms.No.142, Revenue, dated 26.03.2003 ... 65.26 Acres
(e) Thangachiammal Charitable Trust for constructing College buildings at Kengalathur Village, Sivagangai District, by G.O.Ms.No.286, Revenue, dated 28.08.2001 ... 25 Acres
(f) Management of Annai Mathammal Sheela Engineering College, Erumapatti Village, Namakkal District, by G.O.No.285, Revenue, dated 28.08.2001 ... 11.98 Acres
13. In view of the same, the petitioner contended that the Government had already allotted Government water poramboke lands which are completely water bodies, viz. Mogappair Eri, Korattur Lake, etc for residential purposes to the Tamil Nadu Housing Board and the Tamil Nadu Housing Board formed layout and allotted plots in which pucca houses have been constructed and sale deeds have been issued to the allottees. Since their representations have not been considered as done in similar cases, having no other alternative, the petitioner is before this Court.
14. Heard the learned counsel on either side and perused the material documents available on record.
15. Learned Senior Counsel appearing for the petitioner submitted that the petitioner is an Educational Institution and they have approached this Court with a limited prayer to consider their representation and grant necessary long lease or assignment of the Government lands situated in between their patta lands,for the purpose of using the same exclusively for educational purposes, i.e. as playground and parking area. To substantiate the same, he produced a copy of the Plan, showing the lands required for lease. He further submitted that the petitioner has given a specific undertaking that they will not put up any construction in the Government lands and they will use the same only as a playground and parking area.
16. Though no counter affidavit is filed by the respondents, learned Special Government Pleader appearing for the respondents mainly contended that way back in the year 2005, due to floods, there was huge destruction in the area in question and therefore, the Revenue Secretary to the Government thought it fit not to grant any further permission to construct buildings in Odai Poramboke area. He further submitted that reference to Tamil Nadu Housing Board has nothing to do with the lands in question.
17. On a perusal of the records, it is seen that the erstwhile Tahsildar, Ambattur Taluk and the Revenue Divisional Officer, Ponneri conducted on-site inspection and submitted a Report to the District Collector stating that the lands in question required by the petitioner for long lease are situated between the patta lands and that the petitioner has been in possession for more than 20 years. It is further stated that the lands in question are actually not in the nature or in the position of watercourse poramboke. For better understanding, relevant portion of the said Report is extracted hereunder:
"nkw;Fwpg;gpl;l muRg; g[wk;nghf;F epy';fshd Xil. Vhp. cs;tha; kw;Wk; Fsk; vd;w ePh;epiy g[wk;nghf;F epy';fshf tifg;gLj;jg;gl;oUg;gpDk;. g{kpapy; ePh;epiy epy';fshf ,y;iy/ mjw;fhd Kfhe;jhuk; VJk; g{kpapy; fhzg;gltpy;iy/ rkjskhf cs;sJ vd mkgj;J}h; tl;lhl;rpah; kw;Wk; bghd;ndhp tUtha;nfhl;l mYtyh; Mfpnahh; bjhptpj;Js;shh;/"
18. Further, it is seen that the Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai - 5, in his Letter to the Principal Secretary to Government, Revenue Department, Chennai has stated that the lands in question are classified as "water course poramboke i.e. Odai, Eri Ulvai and Kulam". Relevant portion of the said Letter is extracted hereunder:
"7. The Collector, Tiruvallur in his letter has further reported that though the above lands are classified as "water course poramboke i.e. Odai, Eri Ulvai and Kulam", there are no water stagnation in the field/state on Ground and the lands are plain. There is a ban for assigning the lands within the Belt area as per G.O.No.1135, Revenue Department, dated 17.03.1962 and also the Government have ordered ban on assignment/lease in the water course poramboke vide G.O.No.41, Revenue Department, dated 20.01.1987. Therefore, the Collector, Tiruvallur has reported that a decision may be taken at Government level on the representation made by M/s.Kannammal Educational Trust for leasing of land as directed by the Hon'ble High Court."
19. In this connection, a perusal of the Revenue Standing Orders - 15 which pertains to grant of lands for occupation subject to payment of assessment, shows that the Government land may be assigned for private purpose, such as for cultivation, for house site and for industrial purposes free of land value or on payment of land value, subject to the conditions imposed in the order of grant. While so, Revenue Standing Orders 24A pertains to Grant of land and buildings at the disposal of the Government for temporary occupation for non-agricultural purposes.
20. Moreover, the Collector, Tiruvallur in his letter has clearly reported that though the lands in question are classified as "water course poramboke i.e. Odai, Eri Ulvai and Kulam", there are no water stagnation in the field/state on Ground and the lands are plain. Also, the Tahsildar, Ambattur Taluk and the Revenue Divisional Officer, Ponneri, in their Report to the District Collector have clearly stated that the lands in question required by the petitioner for long lease are situated between the patta lands and that they are actually not in the nature or in the position of watercourse poramboke.
21. It is to be noted here that the rejection of the request of the petitioner by the order dated 19.04.2010 was passed without giving an opportunity of personal hearing to the petitioner. Further, the first respondent has not specifically considered the report of the Tahsildar and RDO that there is no existence of water bodies. Merely referring to the plan, the order has been passed without also considering the Revenue Standing Orders. Therefore, the order passed on 19.04.2010 will not stand in the way of the Government in considering the application of the petitioner after affording an opportunity to the petitioner, especially when they are seeking only to keep it as a playground to be kept as an open space and not to put up any buildings. In that view of the matter, the re-consideration has to be done by the respondents taking into consideration the actual use of the area to keep it as open space.
22. In such view of the matter, this Court directs the respondents herein to consider the petitioner's representation dated 19.08.2015 preferred against the order dated 19.04.2010 passed by the 1st respondent, seeking grant of necessary long lease or assignment of the Government lands in question, in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, mainly taking into account the Report of the Tahsildar, Ambattur Taluk and the Revenue Divisional Officer, Ponneri and also taking into consideration the grant made in respect of similarly placed persons.
This Writ Petition is disposed of with the above direction. No costs.
aeb 27.02.2017
To:
1. The Secretary to Government,
State of Tamil Nadu,
Revenue Department,
Fort St. George,
Chennai 600 009.
2. The State of Tamil Nadu,
rep. By Secretary to Government,
P.W.D. Department,
Fort St. George,
Chennai 600 009.
3. The Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai 600 005.
4. The District Collector,
Thiruvallur,
Thiruvallur District.
B.RAJENDRAN, J
aeb
Order in
W.P.No.2279 of 2017
27.02.2017
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