Madras High Court
2012 [Vada Chennai Anal Min Nilayam vs . The
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
1/28 Order dated 23.04.2019 in W.P.No. 31158 of
2012 [Vada Chennai Anal Min Nilayam Vs. the
Secretary to Government & Ors.]
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 28/03/2019
DATED : 23.04.2019
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.31158 of 2012
Vada Chennai Anal Min Nilayam
Amaya Nilam Koduthor Sangam
REGD.No. 205 of 2002,
Represented by its General Secretary
A.Govindasamy
No.31, V.O.C. Nagar
Ennore, Chennai – 600 057. ... Petitioner
Versus
1. The State of Tamilnadu
Rep. by its Secretary to Government
Revenue Department
Fort St. George
Chennai – 600 009.
2. The District Collector
Thiruvallur District.
3. The Revenue Divisional Officer
Ponneri
Thiruvallur District.
4. The Tahsildar
Ponneri
Thiruvallur District
5. The Chairman
Tamilnadu Electricity Board
Annasalai
Chennai – 600 002.
http://www.judis.nic.in
2/28 Order dated 23.04.2019 in W.P.No. 31158 of
2012 [Vada Chennai Anal Min Nilayam Vs. the
Secretary to Government & Ors.]
6. The Chief Engineer
North Madras Thermal Power Project
Tamilnadu Generation of Electricity
and Distribution Corporation (TANGEDCO)
Ennore, Chennai. .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India,
praying for the issue of a Writ of Certiorarified Mandamus, call for
the records of the 6th respondent in Letter No.
CE/NCTPS/SE/Ka.Pa/AEE/JE representations/No. 847/12 dated
18.10.2012 and to quash the same as being illegal and unsustainable
and for a consequential direction to the respondents to provide
employment to one member each of the 205 families whose lands
have been acquired for the North Chennai Thermal Power Project.
***
For Petitioner :: Mr. R.Ragavendran
for Mr.I.Baranitharan
For RR 1 to 4 :: Mr. P.S.Siva Shanmuga Sundaram
Special Government Pleader
For RR 5 & 6 :: Mr.T.S.Gopalan & Co.,
ORDER
The writ petitioner claims to be a Society registered under the provisions of the Societies Registration Act. It had been formed to propound the cause of the families whose lands have been acquired by the State Government for the purpose of establishing the North Chennai, Thermal Power Project. The writ petitioner has claimed that the Society represents 205 members whose lands have been acquired http://www.judis.nic.in 3/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] by the State Government. It had been stated that the Government of Tamilnadu had acquired lands in Ennore, Chappakam Puzhuthivakkam Athipattu, Vallur, Uayalur and Neithavoyal villages in Thiruvallur District under the provisions of the Land Acquisition Act 1894 for the purpose of establishment of the North Chennai, Thermal Power Project. The Government passed G.O.Ms.No. 656, Labour and Employment Department dated 26.09.1978 formulating a policy for providing employment to the members of the families whose lands had been acquired. On the basis of the said Government Order, the Tamil Nadu Electricity Board passed a Board Proceedings in proceedings in B.P.(FB) No. 3, Administrative Branch on 25.01.1990 framing guidelines for the purpose of identifying the persons, who are eligible for the benefit of employment. It had been claimed in the affidavit filed in support of the Writ Petition that the members of the petitioner Association are eligible for that benefit.
2. The said Association had earlier filed W.P.No. 8992 of 2007 etc., seeking a Mandamus directing the respondent to comply with the Board Proceedings dated 25.01.1990. The batch of Writ Petitions were disposed of on 11.07.2007 with a direction to the petitioner Association to file individual applications to the District Collector in respect of individuals, who are eligible for the benefit. http://www.judis.nic.in Thereafter, the Electricity Board, in consultation with the District 4/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] Collector was directed to identify the persons, eligible for the benefits under the said policy. It had been claimed that the members of the petitioner Association had submitted individual applications to the District Collector. The fourth respondent, namely, the Tahsildhar, Ponneri, after detailed investigation into the eligibility of the persons had made a positive recommendation on 03.07.2008 to the Superintending Engineer, North Chennai, Thermal Power. Another Writ Petition in W.P.No. 36705 of 2007 was also filed with respect to 45 families of Ennore, Mugathuvarum Village. This was also disposed of on 16.04.2009 with similar directions. The fourth respondent, namely, the Tahsildhar, also forwarded his recommendation to the second respondent, namely, the District Collector, Thiruvallur District on 03.09.2010 recording the fact that all the 205 families, who are members of the petitioner Association are eligible for employment. The third respondent, namely, the Revenue Divisional Officer, Ponneri, by his proceedings dated 17.09.2010 also forwarded his recommendations on the eligibility of the members. The third respondent again confirmed the eligibility on 03.12.2010 and forwarded the same to the second respondent. The second respondent, namely, the District Collector by his proceedings dated 12.01.2011 had requested the fifth respondent, namely, the Chairman, Tamilnadu Electricity Board, to take necessary action for http://www.judis.nic.in providing employment to the members of the petitioner Association. 5/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] The recommendations of the third and fourth respondents were enclosed in the said communication. It had been stated that the sixth respondent passed an order on 18.10.2012 which is impugned in this Writ Petition, stating that the 205 members are not eligible for employment and that their claims are rejected. It is under these circumstances that the present Writ Petition has been filed seeking relief in the nature of certiorarified Mandamus to call for the records of the impugned order and quash the same and for consequential direction to the respondents to provide employment to one member in each of the 205 families whose lands have been acquired for the North Chennai, Thermal Power Project.
3. Counter affidavit had not been filed on behalf of the first to fourth respondents. The fifth and sixth respondents have filed their counter affidavit dated 27.03.2019, which was sworn by the Chief Engineer, North Chennai, Thermal Power Station.
4. In the counter affidavit of the fifth and sixth respondents, it had been stated that an Association cannot maintain a writ petition and had therefore stated that the Writ Petition is not maintainable. It was stated that this Court while disposing W.P.No. 8992 of 2007 by order dated 11.07.2007 had given a direction that each individual http://www.judis.nic.in 6/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] should make separate applications to the District Collector or to the Respondent Board. It was stated that individual applications were not forwarded. It was also stated that the recommendations of the Collector and Tahsildar have only a recommendatory value. It was stated that this Court had stated that the Collector must only be consulted. It was therefore stated that the proceedings of the District Collector and the Tahsildar are not binding in nature. It was further stated that the respondent Board had verified whether each individual had satisfied the stipulations laid down in the independent scheme framed by the Board. It was stated that even in respect of the employment provided to more than 1000 persons, the respondent Board had independently verified the credibility of each person and had thereafter given employment. It was further stated that such employment was given before the year 2000. It was stated out of the list of 205 members, 32 persons had already been given employment in the year 1990. It was stated that in Ennore Village, comprising Ennore Kuppam, Ennore Colony and Mugathuvara Kuppam, 760 persons were identified and they were given employment, three cents of land and compensation of Rs.7,500/-. Similarly persons from other Villages were also identified and compensation granted. Moreover about 540 persons, who were carrying out fishing activities were also provided employment. It was stated that the petitioner Association http://www.judis.nic.in was registered in the year 2002, nearly 15 years after the acquisition. 7/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] It was stated that the writ petitioner had approached the Court after long delay. It was also stated that the crucial condition for providing employment was that the land acquired should have been the source of livelihood for the family. It was stated that the scheme did not contemplate providing employment to persons occupying poromboke land. It was also stated that the petitioner Association has not produced any records to show that the members were residing in the alleged poromboke lands. It was stated that in the Board proceedings dated 25.01.1990, it had been provided that in the absence of a male member a representative can be nominated. Subsequently, by a communication dated 26.07.1996, the Government had clarified that as per the existing scheme, only sons, unmarried daughters, wife or husband of the land owner alone can be considered as a nominee. It had also been stated that as on date more than 32 years have lapsed since the acquisition. It had been stated that the very fact that the families have been able to sustain themselves for the past 32 years would show that their livelihood has not been affected. It had therefore been stated that the Writ Petition should be dismissed.
5. Heard arguments advanced by Mr.R.Ragavendran for Mr.I.Baranitharan, learned counsel for the petitioner and Mr.P.S.Siva Shanmuga Sundaram, learned Special Government Pleader for respondent Nos. 1 to 4 and M/s. T.S.Gopalan & Co., learned counsels http://www.judis.nic.in for the respondent Nos. 5 and 6.
8/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.]
6. The petitioner Association, Vada Chennai Anal Min Nilayam Amaya Nilam Koduthor Sangam had been registered in the year 2002 with registration No. 205 of 2002 under the provisions of the Societies Registration Act 1975. The list of members of the petitioner Association had also been filed as a document along with the Writ Petition and it is seen that it comprises of 205 members.
7. In the affidavit filed in support of the writ petition, it had been stated that the petitioner Association had been formed with the object of espousing the cause of the persons whose lands have been acquired by the State Government for the purpose of establishing the North Chennai, Thermal Power Project. The acquisition of the lands was in the year 1987. Subsequent to the acquisition on 25.01.1990, Board proceedings of the North Chennai, Thermal Power Project examined the issue of employment assistance to one member in each family from whom lands have been acquired for the said project. This was in consonance with G.O.Ms.No. 656 Labour and Employment Department dated 26.09.1978. It is thus seen that the concept of providing employment assistance to one member in each family, who have been displaced on account of acquisition of lands for any project of public sector undertaking had been encouraged and has been in vogue as a policy of the Government atleast from the year 1978. The Board Proceedings dated 25.01.1990 is as follows:-
http://www.judis.nic.in 9/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] “RECRUITMENT- Employment assistance to one member in each family from whom lands had been acquired for North Madras Thermal Power Project- Ordered.Permanent B.P.(FB) No. 3
Administrative Branch dated 25.01.90 Thai 12, Sukkila Thiruvalluvar Aandu 2021 Read:
G.O.Ms.No. 656 Labour and Employment dated 29.06.1978 Proceedings:
In the G.O., read above the Government have permitted public sector undertaking to recruit without reference to employment Exchange one member in each family which is displaced on account of acquisition of lands for any project of such public sector undertaking.
2. The Tamil Nadu Electricity Board has acquired lands for the establishment of North Madras Thermal Power Project and giving http://www.judis.nic.in employment assistance to the families from 10/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] whom lands have been acquired as a measure of rehabilitation has been examined in consultation with the Collector of Chengai – Anna District and Villagers. In order to get the area released from the villagers for expediting the project work, it has been agreed to provide them employment assistance relaxing the norms prescribed.
3) In the circumstances explained above, the Board after careful consideration directs that:
1) one male member in each family from whom lands have been acquired for construction of North Madras Thermal Power Project be appointed as Helper (Trainee) on consolidated wages in relaxation of rules relating to age and educational qualification wherever necessary.
ii) The period of training shall be for three years on consolidated wages at the rate indicated below:
Rs.600 p.m., for the first year Rs.650/- p.m., for the second year Rs.800/- p.m., for the third year.
iii) Only one person in the family
identified by the Collector, Chengai, Anna
http://www.judis.nic.in
11/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] District as eligible for employment assistance be appointed as Helper (Trainee).
iv) Only persons physically fit and suitable for the job be considered for such appointment.
v) In case where the family does not
have a male member of a member not
physically fit, either due to age or physical infirmities, the family may nominate his/her relative for appointment and such nomination is one time affair and shall not be revoked or altered when once the said nominee is appointed.
vi) The trainee so appointed is absorbed as regular helper on satisfactory completion of three years training.”
8. A reading of the above proceedings show that the object with which the employment had been offered was rehabilitation and also to get the area released from the Villagers for expediting the project work. While providing such employment, the Board had also agreed to relax the rules relating to age and educational qualification whenever necessary. It was also stated that one person from the family identified by the Collector, at that time of the Chengai Anna http://www.judis.nic.in District, as eligible for employment assistance and would be 12/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] appointed as helper. Where there was no male member, who was fit, the family, may nominate his relative for appointment. It was finally provided that the said appointee would be absorbed as regular helper on satisfactory completion of three years training.
9. The Board proceedings will have to be read in juxta position with the counter affidavit of the fifth and sixth respondents which had been filed, dated 27.03.2019. There is no reference to the above clauses in the counter affidavit. In the counter affidavit, the Chief Engineer had stated that the proceedings of the District Collector and the Tahsildar are not binding in nature. This stand taken in the counter affidavit has to be deprecated as an after thought and taken after nearly more than a decade of litigation by the petitioner Association.
10. As a matter of fact, the petitioner Association had filed earlier Writ Petitions also. They had filed W.P.Nos. 8992, 10919, 10920 and 10921 of 2006. From the orders in the said Writ Petitions dated 11.07.2007, the extract of the counter filed by the Electricity Board reveals that they have not questioned the locus of the Association in propounding the cause of its members. In the Writ Petitions, it had been finally ordered as follows:-
http://www.judis.nic.in 13/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] “7. The learned Government Advocate would fairly submit that infact the District Collector had conducted enquiry and identified certain number of persons who are eligible to receive the benefits as per the scheme.
8. Considering the fact that the individual owners whose lands have been acquired for the said project were eligible for the benefits, I am of the considered view that the respondent/Electricity Board should be directed to conduct a detailed enquiry and identify persons who were eligible for the benefits as per G.O.Ms.No. 656, Labour and Employment dated 29.06.1978 and also the consequential Board proceeding in B.P.Per (FB) No.3, Administrative Branch, dated 25.01.1990, and confer the benefits to the persons who are eligible.
9. In view of the same, the writ petitions are disposed of, with a direction to the petitioner association, to file individual applications in respect of the individuals who are eligible for the benefits, to the District Collector, as per the Government Order as well as the Tamil Nadu Electricity Board, within a period of two weeks from the date of receipt of a copy of the order, and the http://www.judis.nic.in 14/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] Electricity Board in consultation with the District Collector/third respondent shall identify the persons eligible for the benefits by conducting proper enquiry and give fair opportunity to the members of the petitioner's Association and pass appropriate orders, within a period of three months thereafter.”
11. It is seen that a direction had been issued to the Electricity Board to conduct a detailed enquiry and identify the persons, who are eligible for the benefits as per G.O.Ms.No. 656, Labour and Employment dated 29.06.1978 and also the consequential Board proceedings dated 25.01.1990. The petitioner Association was directed to file individual applications in respect of the individuals, who are eligible for the benefits to the District Collector as per the Government Order as well as the Tamilnadu Electricity Board.
12. The Electricity Board in consultation with the District Collector was directed to identify the persons eligible for the benefits by conducting proper enquiry and giving fair opportunity to the members of the petitioner Association.
13. It is the stand of the petitioner Association that the http://www.judis.nic.in 15/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] Collector had forwarded a list of eligible members. This is disputed by the fifth and sixth respondents. However along with the Writ Petition, the representation dated 18.09.2007 by the petitioner Association to the District Collector had been enclosed wherein it had been stated that the list of persons affected by the land acquisition have been enclosed. Thereafter, the Tahsildar, Ponneri, by proceedings dated 03.09.2010 addressed to the Superintending Engineer of the North Chennai, Thermal Power Plant had stated that he had enquired into the individual claims and examined the 'A' Register, Adangal and FMB plan. It was also stated that the families whose lands have been acquired were living in poverty for the past 20 years. It was also stated that an enquiry had been conducted regarding the eligibility of the persons. It was therefore stated that he recommended that the list of persons for whom enquiry had been conducted can be provided employment. The said recommendation was as follows:-
nkw;Twpa g[y vz;fSf;Fhpa “”m” gjpntL efy;. ml';fy;
efy; kw;Wk; g[ytiuglk; Mfpait tprhuizapy; bgwg;gl;Ls;sJ/ FoapUg;g[ epyk; ifafg;gLj;jpajhy; ,lk; bgah;e;j FLk;g';fs;
beUf;fo epiyapy; $Ptdpj;J tWikr; R{Hypy; md;whl $Ptdj;jpw;Ff;
Tl fc&;lg;gl;L fle;j 20 Mz;Lfshf btt;ntW gFjpfspy; trpj;J tUfpd;wdh;/ http://www.judis.nic.in 16/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] xt;bthU FLk;gj;jpYk; ntiytha;g;g[ nfhUgth; Fwpj;j tptu';fs; neuo thhprh? Epakdjhuuh? ntiy tha;g;g[ nfhUgth;
bgah;. fy;tpj; jFjp. taJ Mfpait chpa gotj;jpy; g{h;j;jp bra;J ,f;fojj;Jld; ,izf;fg;gl;Ls;sJ/ ghjpf;fg;gl;l FLk;gj;jpy;
xUtUf;F (murhiz vz; 656 bjhHpyhsh; kw;Wk; ntiytha;g;g[ ehs;
29/06/1978 /d;go) jFjpa[s;s egh;fSf;F ePjpkd;w cj;jput[g;go vz;Qqhh;
/129 FLk;gj;jpdh;. nrg;ghf;fk; 12 FLk;gj;jpdh;. Vz;Qqhh;Fg;gk; 39 FLk;gj;jpdh; g[Gjpthf;fk; 25 FLk;gj;jpdh; Mf bkhj;jk; 205 FLk;gj;jpdh;fSf;F ,f;fojj;Jld; ,izj;Js;s gl;oaypy; cs;s neuo thhpRjhh; / epakdjhuh;fSf;F muR tpjpfspd;go ntiytha;g;g[ tH';fyhk; vd ghpe;Jiu bra;fpnwd;/
14. Since no step was taken with respect to the representation given by the petitioner Association, a further Writ Petition was filed in W.P.No. 36705 of 2007. By order dated 16.04.2009 this Court had passed the following directions:-
“4. Considering the above facts and circumstances and considering the orders referred to above, the Writ Petition is disposed of with a direction to the petitioner to send a copy of the representation dated 18.09.2006 to the first respondent as well as to the District http://www.judis.nic.in Collector, the second respondent, within a 17/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] period of two weeks from the date of receipt of a copy of this order and the Electricity Board in consultation with the District Collector/Second respondent shall decide whether the petitioner is eligible for the benefits by conducting proper enquiry and give fair opportunity to the petitioner and pass appropriate orders on merits and in accordance with law within a period of three months thereafter. The writ petition is ordered accordingly. No costs. The connected Miscellaneous petition is closed.”
15. The Tahsildar, Ponneri had again by proceedings dated 03.09.2010 to the District Collector and the Revenue Divisional Officer had written as follows with respect to the enquiry regarding the eligibility of the persons, who sought assistance since their lands were displaced. This recommendation was as follows:-
vdnt. vdJ Kd;dth; tprhuiz bra;J ghpe;Jiu bra;Js;s fojefy; gl;oay; kw;Wk; fpuhkf; fzf;F efy;fs; Mfpatw;wpid ,izj;J mDg;gpitj;Js;sJld; ghh;itapy; fhQqk; foj;jpy;
ghpe;Jiu bra;Js;s 205 FLk;g';fSf;Fk; tpjpKiwfspd;go ntiytha;g;g[ tH';fyhk; vd;gij gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/
16. The Revenue Divisional Officer in his proceedings dated http://www.judis.nic.in 18/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] 17.09.2010 to the District Collector had stated as follows:-
vdnt. ghh;itapy; fhQqk; 205 FLk;g';fSf;Fk;
tpjpKiwfspd;go ntiy tha;g;g[ tH';f ghpe;Jiu bra;fpnwd;/ ,j;Jld; tprhuizf;fl;Lfs; ,izf;fg;gLfpwJ vd;gij gzpt[ld;
bjhptpj;Jf;bfhs;fpnwd;/
17. This was again reiterated by a second letter dated 03.12.2010. The District Collector by his proceedings dated 12.01.2011 addressed to the Chairman, Tamilnadu Electricity Board had again given the recommendation for the eligible members, who can be provided with employment with the respondent Board. The said letter is again extracted below:-
bghd;ndhp tl;lk;. vz;Qqhh;Fg;gk;. g[Hjpthf;fk; Mfpa fpuhk';fspy; fpuhk ej;jk; tifghL bfhz;l epyj;jpy; trpj;J te;jth;fs; j';fsJ tPl;L kid kw;Wk; epyj;ij. tlbrd;id mdy;
kpd;epiyak; miktjw;F 205 FLk;gj;jpdh;fs;. mth;fs; FoapUe;j gFjpia fhyp bra;Jtpl;L mj;jpg;gl;L. g[Jefh;. vz;Qqhh;
jpUbthw;wpa{h; Mfpa gFjpfspy; Fobgah;e;J 20 tUl';fSf;F nkyhf trpj;J tUfpd;wdh;/ epyk; bfhLj;j chpikahsh;fis gh;hit 1 y;
fz;l brd;id cah;ePjpkd;w jPh;g;gpd;goa[k;. tlbrd;id mdy;kpd;epiyak; mika epyk; bfhLj;jth;fspd; bghUshjhu http://www.judis.nic.in 19/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] epiyapid fz;lwpa tUtha; nfhl;l mYtyh; K:yk; neuo tprhuiz bra;J gadhspfspd; gl;oay;. fpuhkfzf;F efy;fs; Mfpaitfis ghh;it 1y; fz;l brd;id cah;ePjpkd;w Mizg;go ,izj;J jf;f eltof;iff;fhf mDg;gp itf;fpnwd;/ ,izg;g[ / gl;oay;/ It is seen that along with the recommendation the list of eligible persons had also been enclosed.
18. In the counter affidavit, the respondents have taken a stand that the Writ Petition has to be rejected in view of the long delay. However, the fifth and sixth respondents have not whispered a single word regarding the direction of this Court in W.P.Nos. 8992 etc., of 2006 dated 11.07.2007 wherein this Court have placed an obligation on the Electricity Board to identify persons eligible, in consultation with the Collector and give a fair opportunity to the members of the petitioner Association and then pass appropriate orders. There is no record produced about consultation being made with the Collector or of any enquiry conducted by the respondents Board subsequent to the orders of this Court. There are no records produced to show that opportunity was granted to the members of the http://www.judis.nic.in 20/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] petitioner Association. To a query by the Court, the learned counsel for the fifth and sixth respondents, firstly stated that the records are not available. Later, he produced a set of records. It is quite unfortunate that the learned counsel, who represented the fifth and sixth respondents thought it prudent and necessary to raise his voice during the course of arguments rather than reinforcing his arguments with substantial materials.
19. The records furnished by him reveal that in a communication dated 16.08.2007, from the Chief Engineer to the Chief Engineer / Personnel, a letter on the following terms had been addressed:-
“The Hon'ble High Court, Madras has directed the petitioner Association to file individual applications in respect of the individuals who are eligible for the benefits, to the District Collector as per the Government order as well as the Tamil Nadu Electricity Board, within a period of two weeks and the Electricity Board in consultation with the District Collector shall identify the persons eligible for the benefits by conducting proper enquiry and give fair opportunity to the members of the petitioner's Association and pass appropriate orders within a period of three months thereafter. http://www.judis.nic.in 21/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] It is requested to intimate the further course of action to betaken by this office in this matter, in consultation with the Legal Cell/TNEB.” The stand taken by the learned counsel for the fifth and sixth respondents is quite contrary to the stand of the fifth and sixth respondents themselves.
20. However the records do not reveal the nature of action taken. It had been the consistent stand of the learned counsel for the fifth and sixth respondents during his oral submissions and also in the written submissions that the members of the petitioner Association have not given independent applications. It is painful to note that the said submissions are not only false but have been made deliberately made clothed with a touch of misrepresentation. This would be evident from the extract of the following letter dated 06.09.2007 from the Chief Engineer/Personnel to the Chief Engineer of the North Chennai, Thermal Power Station:
“I am to forward herewith the 168 individual applications received from Secretary, Vada Chennai Anal Min Nilayam Amaya Nilam http://www.judis.nic.in Koduthur Sangam for taking further necessary 22/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] action in the matter as directed by the High Court, Madras. As per the direction by High Court, I request you to address the District Collector to take suitable action and report since the orders of High Court are time bound (i.e.) within two weeks/three months thereafter.” It is seen that 168 individual applications have been received from the petitioner Association. It was requested to address the District Collector to take suitable action and report.
21. However , in the counter and in the oral and written submissions, it was stated that the recommendations of the District Collector are not binding on the respondents Board. If that is the case then this Court is not able to comprehend why the District Collector was requested to take suitable action and report. It is thus seen that the fifth and sixth respondents have deliberately changed their stand with the sole objective to defy the orders of the Court.
22. In continuation of the above letter, the Chief Engineer had addressed the District Collector by communication dated 24.10.2007. It is extracted below:-
http://www.judis.nic.in 23/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] “A copy of the orders of the Hon'ble high Court, Madras, made in W.P.Nos. 8992, 10919, 10920 & 10921 of 2006, filed by the Vada Chennai Anal Min Nilayam Amaya Nilam Koduthor Sangam, represented by it's General Secretary is enclosed.
The Hon'ble High Court, Madras has disposed of the above Writ Petitions with a direction to the petitioner association to file individual applications by the individuals who are eligible for the benefits, to the District Collector, as per the orders of the Government as well as to the Tamil Nadu Electricity Board within a period of two weeks from the date of receipt of a copy of the order, and the Electricity Board in consultation with the District Collector/third respondent shall identify the persons eligible for the benefits by conducting proper enquiry and to extend fair opportunity to the member of the petitioner's association and pass appropriate orders, within a period of three months thereafter.
I request your considered recommendation on the applications of the individuals of petitioner association for taking further action on the subject as per the direction of the Hon'ble High Court, Madras.' It is thus seen that at every stage, the Collector was required http://www.judis.nic.in 24/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] to furnish his remarks on the eligibility of the individual applications.
This is indirect contrast to the representations made in the Court by the learned counsel for the fifth and sixth respondents.
23. That the representations made in the Court by the learned counsel for the fifth and sixth respondents were not bona fide is again exposed by the letter addressed by the Chief Engineer to the Secretary to the petitioner Association by communication dated 24.10.2007. In the said communication, it had been stated as follows:-
“I am to invite a kind reference to the orders of the Hon'ble High Court, Madras and your letter to Chairman / Tamil Nadu Electricity Board cited above.
The Hon'ble High Court, Madras has disposed the Writ Petition Nos. 8992, 10919, 10920 & 10921/2006 with the direction to the petitioner association to file individual applications in respect of the individuals who are eligible for the benefits, to the District Collector, as per the orders of Government as well as to the Tamil Nadu Electricity Board, within a period of two weeks from the date of http://www.judis.nic.in 25/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] receipt of a copy of the order and the Electricity Board in consultation with the District Collector/third respondent shall identify the persons eligible for the benefits by conducting proper enquiry and to extend fair opportunity to the member of the petitioner's association and to pass appropriate orders, within a period of three months thereafter.
It is seen that the individual applications have now been received at the office of the Chairman/TNEB against the direction of the Hon'ble High Court, Madras. Hence, the request your members to forward individual applications to the District Collector, Thiruvallur district for taking further action.”
24. In the said letter, it has been admitted by the Chief Engineer, whose successor in office had now filed an affidavit, over which this Court can actually issue a contempt notice, that individual applications have been received in the office of the Chairman/TNEB.
It was stated that individual applications should also be given to the District Collector, Thiruvallur District. The District Collector, Thiruvallur District had given his representations enclosing the http://www.judis.nic.in 26/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] individual applications.
25. The stand of the fifth and sixth respondents that 32 persons of the 205 individuals have already been given employment only shows that the list contains a genuine list of persons, whose lands have been acquired. It is also seen that the Chief Engineer had also addressed the District Collector by communication dated 31.12.2007 to forward the recommendations on the applications of the individuals. This communication is as follows:-
“I invite a kind reference to the Judgement of the Hon'ble High Court, Madras and this office letters cited above.
Kindly forward the recommendations on the applications of the individuals, if received from the petitioner association for taking time bound action, as per the direction of the Hon'ble High Court, Madras.”
26. It is thus seen that at every stage, the members of the petitioner Association have given representations and it was the responsibility of the fifth and sixth respondents to provide suitable employment. In the written submissions filed, the facts related are totally contrary to the records available. It had been stated that the http://www.judis.nic.in 27/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] individual members have not given representation which statement is proved to be false by the extracts above. It was also stated that the Writ Petition by the Association is not maintainable. However, the earlier orders of this Court have been passed only on the basis of the writ petitions filed by the petitioner Association.
27. In view of all the above reasons, I have no hesitation in holding that the Writ Petition deserves to be allowed. The following directions are therefore issued:-
The respondent Nos. 5 and 6 are directed to conduct an enquiry on the list furnished by the District Collector and give fair opportunity to the members of the Association whose names are found in the said list and if they are found eligible to provide employment to them or their nominees in accordance with the Board proceedings.
This exercise should be completed on or before 31.08.2019.
28. The Writ Petition is allowed with the above terms. Costs of Rs.10,000/- payable by the fifth and sixth respondents to the writ petitioner is also directed.
vsg 23.04.2019
Index: Yes/No
Internet: Yes/No
C.V.KARTHIKEYAN, J.,
vsg
http://www.judis.nic.in
28/28 Order dated 23.04.2019 in W.P.No. 31158 of 2012 [Vada Chennai Anal Min Nilayam Vs. the Secretary to Government & Ors.] To
1. The Secretary to Government Revenue Department Fort St. George Chennai – 600 009.
2. The District Collector Thiruvallur District.
3. The Revenue Divisional Officer Ponneri Thiruvallur District.
4. The Tahsildar Ponneri Thiruvallur District
5. The Chairman Tamilnadu Electricity Board Annasalai Chennai – 600 002.
6. The Chief Engineer North Madras Thermal Power Project Tamilnadu Generation of Electricity and Distribution Corporation (TANGEDCO) Ennore, Chennai.
Pre-delivery Order made in W.P.No.31158 of 2012 23.04.2019 http://www.judis.nic.in