Madras High Court
K.B.P.Vijaya Baskaran vs The Additional Chief Secretary And on 29 March, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.9070 of 2019
K.B.P.Vijaya Baskaran .. Petitioner
Vs.
1. The Additional Chief Secretary and
Commissioner of Land Administration,
Ezhilagam, Chepauk, Chennai - 5.
2. The Principal Secretary,
Chairman / Managing Director,
Tamil Nadu Slum Clearance Board (TNSCB)
Rajaji Salai, Triplicane.
3. The District Collector,
O/o. Collectorate,
Chennai District, Chennai.
4. The Commissioner,
Corporation of Chennai,
Rippon Building, Chennai. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
issuance of a Writ of Mandamus, directing 2nd and 3rd respondents to comply
with the 1st respondent notice dated 09.08.2018 and file a status report as
directed by the 1st respondent within the time frame fixed by this Hon'ble
Court.
For Petitioner : Mr.Seetha Ram
For Respondents : Mr.E.Manoharan (for R1 & R3)
Addl. Govt. Pleader
Mr.S.Prabhu (for R2)
http://www.judis.nic.in Standing counsel for TNSCB
2
Mr.K.Soundara Rajan (for R4)
Standing Counsel for Chennai Corporation.
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) Mr.K.B.P.Vijaya Baaskar, claiming to be a resident of North Chennai has filed the instant writ petition for a direction to the Principal Secretary, Chairman / Managing Director, Tamil Nadu Slum Clearance Board (TNSCB), Rajaji Salai, Triplicane, Chennai, and the District Collector, Chennai District, Chennai the respondents 2 and 3, respectively, to comply with the notice dated 09.08.2018 issued by the Additional Chief Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5, the 1st respondent and to file a status report as directed by the 1st respondent.
2. Material on record discloses that the Government have decided to allot 11 acres and 51 cents in Block No.28 Survey No.1802/1(pt), 1802/57, 1802/346 from 1802/350, for the purpose of construction of tenements by Tamilnadu Slum Clearance Board under the house for all scheme. District Collector, Chennai and Commissioner of Land Administration, have recommended to alienate 11.51 Acres of land.
3. Thereafter, Government have issued orders in G.O.Ms.No.249, Revenue Department, Land Disposal Wing, L.D.5(2) dated 04.08.2017 to alienate http://www.judis.nic.in 11.51 Acres of land in Chennai District, Tondiarpet Taluk and Village in 3 Block No.28, R.S.No.1802/1 (Part) etc., to the Tamil Nadu Slum Clarance Board, for construction of tenements. Government order reads thus:
ABSTRACT Land alienation - Chennai District - Tondiarpet Taluk and Village - Block No.28-R.S.No.1802/1 (Part) etc., - An extent of 04.66.39.5 Hectares (11.51 Acres) Classified as "Government Poramboke Revenue and Corporation (Public)"Revenue Department (Usage:- Ayanam, Play Ground, Fish Market, Gymnasium, Crematorium and tombs) and Corporation Public (Usage:- Public Convenience, Angawadi Centre etc)
- Alienation in favour of Tamil Nadu Slum Clearance Board for construction of tenements - Orders issued.
-------------------------------------------------------------------------------------
Revenue Department, Land Disposal Wing, LD5(2) Section G.O.(Ms.) No.249 Dated 04.08.2017 ncwtpsk;gp tUlk;. Mo 19 jpUts;Stu; Mz;L 2048 Read:
1. From the District Collector, Chennai Letter No.J7/24442/2016, dated 26.12.2016 and 2.3.2017.
2. From the Principal Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement Letter No.B1/26254/2016 Dated 9.03.2017.
ORDER:-
In the reference first read above, the District Collector, Chennai has sent a proposal for alienation of land in Block No.28, R.S.No.1802/1 (part) etc, to an extent of 04.66.39.5 Hectares (11.51 Acres), which are classified as "Revenue and Corporation Public Government Poramboke" in Tondiarpet Taluk and Village, Chennai District in favour of Tamil Nadu Slum Clearance Board for construction of tenements.
2. In the reference second read above, the Principal Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement has stated that the District Collector, Chennai has enclosed the following records:-
i. Requisition Form from the Secretary, Tamil Nadu Slum Clearance Board, Chennai, undertaking to abide by the http://www.judis.nic.in conditions set-out for alienation of land.4
ii. Sketch showing the land required by the Tamil Nadu Slum Clearance Board, Chennai iii. Extract of land details of subject land from the permanent Land Register iv. Objection Notice dated 08.11.2016, calling objections, if any, for the proposed alienation of the subject land.
v. No objection statement from the public. vi. Copy of the proceedings of the Commissioner, Greater Chennai Corporation, No.,9/3429/2014 dated 04.11.2016.
vii. Copy of resolution passed by the Council of Chennai Corporation, resoultion No.542/2014, dated 30.09.2014 in favour of the alienation proposals.
viii. Copy of G.O.(Rt.) No.153, Municipal Administration and Water Supply (MA.1) Department dated 31.10.2016.
ix. Sub-Division sketch and statement of sub-division, area of sub-divisions duly checked by the Deputy Inspector of Survey and countersigned by the Tahsildar concerned.
x. Copy of letter from the Sub-Registrar (incharge), Royapuram, No.409/2016 dated 23.11.2016.
xi. Format report in Part I to VII xii. Inspection notes of the District Collector, Chennai dated 15.12.2016.
3. The Principal Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement has further stated that, the land as detailed below in Block No.28 of Tondiarpet Village is proposed for alienation.
Sl. R.S.No. Extent Classification Usage
No. (in Hectare)
1. 1802/1 (part) 01.69.97.5 Government i. Mayanam
http://www.judis.nic.in Poramboke - Revenue ii. Play Ground
5
Sl. R.S.No. Extent Classification Usage
No. (in Hectare)
Department iii. Fish Market
iv. Gymnasium
v. Crematorium and
vi. Tombs
2. 1802/57 00.00.59.5 Government Public Convenience
Poramboke -
Corporation Public
3. 1802/346 00.01.16.5 Government Anganwadi Centre
Poramboke -
Corporation Public
4. 1802/347 00.00.07.5 Government Community Hall
Poramboke -
Corporation Public
5. 1802/348 00.00.19.5 Government Public Convenience
Poramboke -
Corporation Public
6. 1802/349 00.21.77.5 Government Play Ground
(part) Poramboke -
Corporation Public
7. 1802/350 00.00.32.0 Government Public Convenience
Poramboke -
Corporation Public
8. 1802/1 (part) 02.14.35.0 Government i. Mayanam
Poramboke - Revenue ii. Play Ground
Department iii. Fish Market
iv. Gymnasium
v. Crematorium and
vi. Tombs
9. 1802/1 (part) 00.57.94.5 Government i. Mayanam
Poramboke - Revenue ii. Play Ground
Department iii. Fish Market
iv. Gymnasium
v. Crematorium and
vi. Tombs
Total 04.66.39.5 (or) 11 Acres 51 Cents
4. The District Collector, Chennai has informed that, though R.S.No.1802/1 stands registered as Government Poramboke-Revenue Department, said land together with the lands in other R.S.Nos. as detailed above constructed with compound wall, controlled and maintained by the Chennai Corporation for many years.
5. The District Collector, Chennai has inspected the subject http://www.judis.nic.in land and he inspection notes as below 6 PART-I Sl.No. R.S.No. Extent (In Hectare)
1. 1802/1 (part) 2. 1802/57 3. 1802/346
4. 1802/347 01.94.10.0 (4.79 Acres) 5. 1802/348
6. 1802/349 (part) 7. 1802/350 The four side boundaries of the above said lands are, North by ; From Basin Bridge to the railway track leading to Washermenpet South by: Kathpada main Road and Sudalai Madasamy Temple East by: Tomb of Thalamuthu Natarajan, Mayanam under usage and Tombs West by: Periyapalayathamman Koil Street R.S.No.1802/1 - extent: 19.13.87.0 Hectares The land is being used for the following purpose with the extent noted against them.
1. Amma Fish Market : 0.02.5. Hectare / 0 Acre 02.5 Cents
2. Gymnasium : 0.03.0 Hectare / 0 Acre 03 Cents
3. Play Ground, Gallery & Playing apparatus storing Hall : 1 Acre 48 Cents
4. Community Hall : 0 Acre 5 Cents
5. Usage extent of Mayanam : 2 Acre 58 Cents Total : 4 Acres 16.5 Cents (or) 1.69.97.5 Hectare Land in R.S.No.1802/57 : 00.59.5 Hect : Being used as Public Convenience R.S.No.1802/346 : 01.16.5 Hect : Anganwadi Centre R.S.No.1802/347 : 00.07.5. Hect : Community Hall R.S.No.1802/348 : 00.19.5 Hect: Public Convenience R.S.No.1802/349 (part) 21.77.5 Hect: Play Ground in an extent of 53.5 Cents R.S.No.1802/350 : 00.32.5 Hect : Public Convenience Total : 1.94.10.1 Hectare (1.94.10.5 Hectare) PART-II http://www.judis.nic.in 7 Sl.No. R.S.No. Extent (In Hectare)
1. 1802/1 (part) 02.14.35.0 (5.29 Acres) The four side boundaries of the above said lands are, North by : Mayanam under usage and tombs South by : Katpada Main Road and Crematorium East by : Mayanam under usage, Old Kathivakkam High Road and Houses built by way of encroachment of Mayanam (Ramdoss nagar) West by : Concrete passage leading to Mayanam (Ramdoss Nagar) Part of the above said land is being used for the following purpose with the extent noted against them.
1. Northern side - Mayanam and Tombs, under usage : 1 Acre 96 cents
2) Play ground : 1 Acre 72 Cents
3) Gymnasium : 0 Acre 04 Cents
4) Public Convenience : 0 Acre 02 Cents
5) Bharaminar Kulam & Burial Place : 1 Acre 55 Cents Total : 5 Acres 29 Cents (or) 2.14.35.0 Hectare. The location of Mayanam on the northern side of the Play Ground is under usage. On the eastern side of the Play Ground, three feet fit covered by thorns are in existence and the pit was named as Brahminar Kulam. The surrounding place of the pit was used as Mayanam by the Brahminar Community and now the said place is disused. On the Southern side, there is an electric crematorium which is not used now.
PART - III
Sl.No. R.S.No. Extent (In Hectare)
1. 1802/1 (part) 00.57.94.5
(1.43 Acres)
The four side boundaries of the above said lands are, North by: Basin Bridge and railway track to Washermenpet South by : Mayanam under usage East by: Kathivakkam High Road and Houses built by way of encroachment Mayanam (Ramdoss Nagar) West by : Mayanam under sage.
Part of the above said land is being used for the following purpose with http://www.judis.nic.in 8 the extent noted against them.
Old Samadhi and tombs, thorns, Ramdoss Nagar Encroachment with sheds for cattles : 1 Acre 43 cents / 00.57.94.5 Hectare.
In the above said land there are old tombs, thick thorns and trees are available. Further, temporary sheds for resting the cattle's have been formed between the tombs by the nearby public.
The land in R.S.No.1802/1 (Part) (Part-1) extent 2 Acres 81.5 Cents and (part-II), 2 Acres 02 Cents, in total 4 Acres 83.5 Cents is being used as Burial Ground. Further, the land in Part-II, extent 1 Acres 55 Cents and in Part-III, extent Acre 43 cents, in total 2 Acres 98 cents was used as Mayanam and now witnessed by old tombs covered by thorns.
The land in R.S.No.1802/1 (Part) (Part-I), extent 1 Acre 97.5 Cents and (part-II), 1 Acre 72 cents in total 3 Acres 69.5 Cents alone is used as play ground without being used as Burial Ground.
6. The Principal Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement has also stated that the District Collector, Chennai has furnished that the following conditions may be imposed while alienating the land to Tamil Nadu Slum Clearance Board.
i. The Tamil Nadu Slum Clearance Board that the public of the residence in the tenements to be constructed should not be suffered due to the air pollution emanate from the crematorium located in the land in R.S.No.1802/1 (part).
ii. The Greater Chennai Corporation should ensure that due to the alienation of lands in R.S.No.1802/1 (part), the usage of Mayanam by all kinds of religious people should not be any issue.
iii. The Greater Chennai Corporation and Tamil Nadu Slum Clearance Board while carrying out the construction activities in the proposed land or alienation that the religious customs, rituals, faith of the people of different religions should be http://www.judis.nic.in protected. Further, care should be taken on the mortal remains 9 in the land belong to different kinds of religious people.
7. Regarding the fixation of land value, the District Collector, Chennai has considered the guideline value of Rs.1,500/- per Sq.ft. fixed for Katpada Main Street, to arrive the tentative land value of the proposed extent of land to be alienated as below:
Proposed extent of alienation : 11 Acres, 15 cents (or) 501836 sq.ft Rate per sq.ft : Rs.1,500/-
Tentative land value of proposed land = Rs.75,27,54,000/-
(5,01,836 x Rs.1,500)
8. The Principal Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement has further stated that, the Council of Chennai Corporation has passed resolution in favour of alienation of un-used land in R.S.No.1802/1, Tondiarpet Village to the Tamil Nadu Slum Clearance Board for construction of tenements by changing the classification of the land in resolution No.542/2014 dated 30.09.2014. Further, the Government in their order (Rt) No.153, Municipal Administration and Water Supply (MA-1) Department dated 31.10.2016 have issued orders accepting the change of classification for construction of tenements for residential purpose in Block No.49 (it should be as 28) R.S.No.1802/1 (Part), 1802/57, 1802/348 to 1802/350, measuring 11.51 Acres (R.S.No.1802, leaving the part of land in R.S.No.1802 extent 19 Cawnies, 13 Grounds, 2356 sq.ft. being used as Moolakothalam Mayanam). Further, it has been ordered that after change of classification from Mayanam into residential purpose, land alienation proposal has to be sent to Government through the Commissioner of Land Administration.
9. The Principal Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement has further stated that, the proposal of the District Collector, Chennai have been scrutinized and found in complete shape. Therefore, the Principal http://www.judis.nic.in 10 Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement has recommended the proposal received from the District Collector, Chennai to the Government for alienation of land in Block No.28, R.S.No.1802/1 (Part) etc., to an extent of 04.66.39.5 Hectares (11.51 Acres), Tondiarpet Village, Tondiarpet Taluk and Chennai District in favour of Tamil Nadu Slum Clearance Board for construction of tenements, on free of land cost, under the provisions of RSO 24 with the usual terms and conditions together with the conditions as proposed by the District Collector, Chennai.
Sl.No. R.S.No. Extent Classification
(in Hectare)
1. 1802/1 (part) 01.69.97.5 Government Poramboke -
Revenue Department
2. 1802/57 00.00.59.5 Government Poramboke -
Corporation Public
3. 1802/346 00.01.16.5 Government Poramboke -
Corporation Public
4. 1802/347 00.00.07.5 Government Poramboke -
Corporation Public
5. 1802/348 00.00.19.5 Government Poramboke -
Corporation Public
6. 1802/349 (part) 00.21.77.5 Government Poramboke -
Corporation Public
7. 1802/350 00.00.32.0 Government Poramboke -
Corporation Public
8. 1802/1 (part) 02.14.35.0 Government Poramboke -
Revenue Department
9. 1802/1 (part) 00.57.94.5 Government Poramboke -
Revenue Department
Total 04.666.39.5 (or) 11 Acres 51 Cents
10. The Government, after careful examination, have decided to accept the proposal of the District Collector, Chennai as recommended by the Principal Secretary / Commissioner of Land Administration (FAC) and Commissioner of Survey and Settlement http://www.judis.nic.in and accordingly order to alienate the land in Block No.28, 11 R.S.No.1802/1, Tondiarpet Taluk and Chennai District in favour of Tamil Nadu Slum Clearance Board for Construction of tenements free of land cost as per G.O.(Ms.) No.67, Revenue [LD-5(2)] Department, dated 04.02.2000 with usual terms and conditions as laid down under RSO 24 as annexed to this order and the special conditions imposed by the District Collector, Chennai and the Commissioner, Greater Corporation of Chennai.
Sl.No. R.S.No. Extent Classification
(in Hectare)
1. 1802/1 (part) 01.69.97.5 Government Poramboke - Revenue
Department
2. 1802/57 00.00.59.5 Government Poramboke - Corporation
Public
3. 1802/346 00.01.16.5 Government Poramboke - Corporation
Public
4. 1802/347 00.00.07.5 Government Poramboke - Corporation
Public
5. 1802/348 00.00.19.5 Government Poramboke - Corporation
Public
6. 1802/349 00.21.77.5 Government Poramboke - Corporation
(part) Public
7. 1802/350 00.00.32.0 Government Poramboke - Corporation
Public
8. 1802/1 (part) 02.14.35.0 Government Poramboke - Revenue
Department
9. 1802/1 (part) 00.57.94.5 Government Poramboke - Revenue
Department
Total 04.666.39.5 (or) 11 Acres 51 Cents
Conditions
a) The land should be used for the Purpose for which it is alienated;
b) If the land or part of land is not used for the purpose for which it is alienated, the land should be remitted back to the Government in Revenue Department.
c) The requisitioning body should pay the sub-division fees, tree and stone value if any;
http://www.judis.nic.in 12
d) The requisitioning body should abide by the terms and conditions imposed by the Government if any in future. Special Conditions:
i. The Tamil Nadu Slum Clearance Board should ensure that the public of the residence in the tenements to be constructed should not be suffered due to the air pollution emanate from the crematorium located in the land in R.S.No.1802/1 (part).
ii. The Greater Chennai Corporation should ensure that due to the alienation of land in R.S.No.1802/1 (part), the usage of Mayanam by all kinds of religious people should not be any issue.
iii. The Greater Corporation and Tamil Nadu Slum Clearance Board while carrying out the construction activities in the proposed land of alienation, that the religious customs, rituals, faith of the people of different religions should be protected. Further, case should be taken on the mortal remains in the land belong to different kinds of religious people.
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http://www.judis.nic.in
13
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gzpahsu;fSf;F xJf;fPL bra;ag;gl ntz;Lk;/
,jid cWjp bra;j gpd;dnu ,e;epyk; thhpaj;jpw;F xg;gilf;fg;gLk;/
11. The Additional Chief Secretary and Commissioner of Land Administration and the District Collector, Chennai and requested to take further action as per the orders issued in Paragraph 10 above and the District Collector, Chennai District is also instructed to make necessary changes in the Revenue Records with in a month.
(BY ORDER OF THE GOVERNOR) CHANDRA MOHAN B. SECRETARY GOVERNMENT.
4. Material on record further discloses that one Mr.E.Palani, claiming himself to be a resident of North Chennai has filed W.P.No.17025 of 2018 for a writ of certiorarified mandamus to quash G.O.Ms.No.249 dated 04.08.2017 and consequently to direct the Secretary to the Government of Tamilnadu, Revenue Department, Land Disposal Wing, 2nd respondent therein to implement the reformatory suggestions based on the petitioner's representation dated 26.10.2017. Order made in W.P.No.17025 of 2018 dated 09.07.2018, by the Hon'ble First Bench, is reproduced.
"The petitioner, who claims to be a resident of North Chennai for over five decades, has filed this writ petition, purportedly in public interest, seeking a writ of certiorarified mandamus calling for records of the Government Order No.249, dated 4.8.2017 of the Land Disposal Wing of the Revenue Department and to quash the same.
2. It is the case of the petitioner that there is a Hindu burial http://www.judis.nic.in 14 ground cum cremation ground in the Washermenpet area viz., Moolakothalam burial ground, for burial of the dead.
3. According to the petitioner, the burial ground is spread over an area of about 26 acres. Based on information, the petitioner has given particulars of the dead bodies that were buried and/or cremated at Moolakothalam burial ground/cremation ground from 2010 onwards.
4. On the face of the averments in the writ petition, the burial ground/cremation ground is comprised of an area of 26 acres. Learned Advocate General appearing on behalf of the Corporation submits, on instructions, that there are 60.50 acres of land, of which only 11.59 acres is to be used for housing of slum dwellers under the Pradhan Mantri Awas Yojana i.e., housing for all. It is submitted that no tomb/grave is to be affected. The area used as a burial ground/cremation ground is to remain untouched.
5. Housing of slum dwellers is imperative. Right to shelter is a part of the right to live conferred under Article 21 of the Constitution of India, which includes the right to live with dignity. No resident can possibly object to a housing project for slum dwellers on Government poramboke land.
6. Learned Advocate General submits that in 2016, objections were invited. There were no objections then. The land has been made over and contract for construction has also been executed.
7. In view of the undertaking given that the existing graveyard/burial ground is not going to be affected by the construction, we do not deem it necessary to interfere with the project, which is for the benefit of the underprivileged residents of the City.
8. The writ petition is dismissed with the above observations. It is made clear that the existing tombs and/or graves shall not be disturbed in any manner. No costs. Consequently, W.M.P.No.20275 of 2018 is closed."
http://www.judis.nic.in 15
5. Based on the representations dated 01.06.2018 and 14.06.2018, respectively of the petitioner, the Additional Chief Secretary and Commissioner of Land Administration, Chennai, has addressed a letter in No.B1/12429/2018 dated 09.08.2018 to the District Collector, Chennai, 3rd respondent herein to take action on the petition received and to submit a report, after inspection of the site by the District Revenue Officer, whether Mayanam with graveyard has been proposed for utilization by the Slum Clearance Board, for constructions of tenements. Another letter dated 21.08.2018 has been sent by the Additional Chief Secretary and Commissioner of Land Administration, Chennai, to the Principal Secretary & Chairman/Managing Director, Tamil Nadu Slum Clearance Board, Chennai, 2nd respondent herein.
6. On the strength of the two letters dated 09.08.2018 and 21.08.2018, addressed to the respondents 3rd and 2nd respondents respectively, instant writ petition is filed for the prayer stated supra.
7. In the representation dated 14.06.2018, petitioner Mr.K.B.P.Vijaya Baskaran, has sought for cancellation of all the Government orders pertaining to the scheme and help legally to stop Slum Clearance Board's activities of constructing the residential tenements in Moolakothalam grave yard.
http://www.judis.nic.in 16
8. Perusal of the letters dated 09.08.2018 and 21.08.2018 stated supra, does not reflect the disposal of W.P.No.17025 of 2018 dated 09.07.2018, by which the Hon'ble First Bench while sustaining G.O.Ms.No.249, Revenue Department, Land Disposal Wing, LD.5(2) Section dated 04.08.2017, observed that the existing tombs and/or graves shall not be disturbed in any manner.
9. Further, though the petitioner has contended that tombs and graves have been disturbed, going through the supporting affidavit, we do not find any specific case. Averments are bald in nature. There is no basis for the allegations.
10. Perusal of the letters dated 09.08.2018 and 21.08.2018, respectively also reveals that after the dismissal of W.P.No.17025 of 2018, challenging the validity of G.O.Ms.No.249, Revenue Department, Land Disposal Wing, LD.5(2) Section dated 04.08.2017, petitioner has onceagain sent a representation dated 30.07.2018, which is stated to have been received in B Section of the office of Additional Chief Secretary and Commissioner of Land Administration, Chennai.
11. From the extracts of the Government orders and the decision of this Court made in W.P.No.17025 of 2018 dated 09.07.2018, it is clear that the field inspection of the mayanam has already been done, by the District Collector.
Field Survey has been done. Government have issued orders classifying the http://www.judis.nic.in 17 lands and alienated the same to Tamil Nadu Slum Clearance Board for utilisation of lands for construction of tenements. It appears that inadvertently, Additional Chief Secretary and Commissioner of Land Administration, Chennai, seemed to have onceagain directed field inspection by the District Revenue Officer, whether Mayanam with graveyard has been proposed for utilization by the Slum Clearance Board, for construction of tenements. Such exercise is unwarranted in the light of the inspection already done by the District Collector in the year 2016, itself and the resultant Government order alienating the land etc., and upheld by this Court.
12. Yet another aspect to be considered by this Court is maintainability of the writ petition based on two letters dated 09.08.2018 and 21.08.2018 stated supra. Instant writ petition has been filed for a mandamus. Writ petition to enforce or challenge the inter departmental correspondence is not maintainable, unless and until it fructifies into an order affecting the rights of a person. Reference can be made to a few decisions.
(a) In Bachhittar Singh Vs. State of Punjab, reported in AIR 1963 SC 395, a Constitution Bench of the Supreme Court has considered as to whether a note file which did not fructify into an order and communicated to the petitioner therein, can give rise to a cause of action and at paragraph Nos.9 and 10, held as follows:
9. The question, therefore, is whether he did in fact http://www.judis.nic.in make such an order. Merely writing something on the file does not 18 amount to an order. Before something amounts to an order of the State Government two things are necessary. The order has to be expressed in the name of the Governor as required by clause (1) of Article 166 and then it has to be communicated. As already indicated, no formal order modifying the decision of the Revenue Secretary was ever made. Until such an order is drawn up the State Government cannot, in our opinion, be regarded as bound by was stated in the file.
10. Thus it is of the essence that the order has to be communicated to the person who would be affected by that order before the State and that person can be bound by that order. For, until the order is communicated to the person affected by it, it would be open to the Council of Ministers to consider the matter over and over again and, therefore, till its communication the order cannot be regarded as anything more than provisional in character.
(b) The views expressed in Bachhittar Singh's case, have been followed in Laxminarayan R.Bhattad Vs. State of Maharashtra, reported in 2003(5) SCC 413, wherein, the Supreme Court held, a right created under an order of a statutory authority must be communicated to the person concerned, so as to confer an enforceable right. The said proposition of law has once again reaffirmed in Sethi Auto Service Station Vs. Delhi Development Authority, reported in 2009 (1) SCC 180, wherein, the Apex Court held that internal notings and departmental communications between Government Agencies do not have the sanction of law to be an effective order, unless it culminates into http://www.judis.nic.in 19 an executable order, by communication to the person concerned, affecting his right or conferring any legal right. Reliance can also be made to the decision of the Supreme Court in Union of India and others Vs. Vartak Labour Union (2), reported in (2011) 4 SCC 200.
13. During the course of hearing, it was also brought to the notice of this Court that one Mr.G.Radhakrishnan, claiming himself to be a resident of the very same place viz., North Chennai, has filed public interest litigation in WP No.32297 of 2018, and taking note of the dismissal of WP No.17025 of 2018 dated 09.07.2018, filed by Mr.E.Palani, the Hon'ble First Bench vide order dated 20.12.2018 dismissed WP No.32297 of 2018. Order reads thus.
"The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records in the impugned G.O.(MS) No.249, dated 04.08.2017 issued by the 1st respondent, to quash the same and direct the 8th respondent to evict all the encroachers from the Burial Ground in Chennai Corporation Zone-V, Ward 53, Tondairpet Village, Block No.49, Survey No.1802, measuring an extent of 19 Kaani, 13 grounds and 2356 sq.ft. at Moolakothalam, Chennai and Old Kathivakkam High Road and restore them to its original state.
2. The petitioner has filed the above Writ Petition as a Public Interest Litigation challenging the G.O.(MS) No.249, dated 04.08.2017.
3. In respect of the very same Government Order i.e., G.O.(MS) No.249, dated 04.08.2017, already a Public Interest Litigation in W.P.No. 17025 of 2018 was filed by one E.Palani and http://www.judis.nic.in the Division Bench of this Court, by order dated 09.07.2018, 20 dismissed the Writ Petition.
4. When the validity of the Government Order has been upheld in W.P.No. 17025 of 2018, the correctness of the very same Government Order cannot be decided in this Writ Petition. Therefore, we are not inclined to entertain the Writ Petition. Accordingly, the Writ Petition is dismissed. No Costs. Consequently, the connected miscellaneous petitions are closed. "
14. It is also brought to the notice of the Court that the learned counsel who had appeared in WP No.32297 of 2018, is also the learned counsel for the writ petitioner K.B.P.Vijaya Baskaran. Many a times litigants do not furnish the details of filing of earlier writ petitions and orders passed thereon and take the Court, for a ride, for a second or successive rounds of litigations on the same subject matter. Attitude of such clients, is deprecated and when the Court finds such repetitive writ petitions as frivolous, with suppression of material facts, costs is also awarded.
15. In the case on hand, though the writ petitioner claims that he is unaware of the orders of this Court passed by two Hon'ble Benches, it is unfortunate that the learned counsel who had appeared in the earlier WP No.32297 of 2018 has drafted an affidavit seeking for orders on the representations and consequently to direct respondents to file a status report.
As pointed out earlier, the ultimate aim of the petitioner is to cancel the Government Order. That is what he wanted in his representations. We do not http://www.judis.nic.in 21 appreciate the way in which the prayer is sought for, which ultimately is to cancel G.O.Ms.No.249, Revenue Department, Land Disposal Wing, L.D.5(2) dated 04.08.2017.
16. In view of the above, action of the petitioner is deprecated and writ petition is liable to be dismissed with costs. Accordingly, instant writ petition is dismissed with costs, which we quantify at Rs.10,000/-[Rupees Ten Thousand Only], to be paid by the petitioner to the account of Juvenile Justice Fund, Director of Social Defence, Ministry of Social Welfare, Government of Tamilnadu, Kellys, Kilpauk, Chennai-600 010, within a period of ten days from the date of receipt of a copy of this order, failing which, the District Collector, Chennai District, is directed to take action for recovery, under the Tamil Nadu Revenue Recovery Act, 1864.
(S.M.K., J.) (S.P., J.) 29.03.2019 Note to office:
Registry is directed to send a copy of this order to the District Collector, Chennai District, for suitable action in case of default.
Index: Yes / No Internet: Yes / No ars http://www.judis.nic.in 22 S.MANIKUMAR, J.
AND SUBRAMONIUM PRASAD, J.
ars To
1. The Additional Chief Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 5.
2. The Principal Secretary, Chairman / Managing Director, Tamil Nadu Slum Clearance Board (TNSCB) Rajaji Salai, Triplicane.
3. The District Collector, O/o. Collectorate, Chennai District, Chennai.
4. The Commissioner, Corporation of Chennai, Rippon Building, Chennai.W.P.No.9070 of 2019
29.03.2019 http://www.judis.nic.in