Madras High Court
Ms.Indirani Karuppiah vs The District Collector on 19 August, 2020
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.8093 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.8093 of 2020
and
WMP.No.9608 of 2020
1.Ms.Indirani Karuppiah,
D/o.Late Mr.Karupaiah Ramasamy.
2.Mr.Sandrasegaran Karuppiah,
S/o.Late Mr.Karupaiah Ramasamy.
3.Mr.Padmanapan Karupaiah,
S/o.Late Mr.Karupaiah Ramasamy.
4.Ms.Tilakavati Karupaiah,
D/o.Late Mr.Karupaiah Ramasamy.
5.Ms.Ramahamirtam Karupaiah,
D/o.Late Mr.Karupaiah Ramasamy. ... Petitioners
Vs.
1.The District Collector,
Tiruvallur District,
Tiruvallur.
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W.P.No.8093 of 2020
2.The Tahsildhar,
Madhavaram Taluk,
Madhavaram,
Tiruvallur District.
3.The Superintendent Engineer (SE)
Water and Treatment & Transmission,
Chennai Metro Water and Sewerage Board,
3rd Floor, No.1, Pumping Station Road,
Chinthadaripet,
Chennai 600 002.
4.The Executive Engineer,
Regional Office-1,
Chennai Metro Water and Sewerage Board,
No.1, Pumping Station Road,
Chinthadaripet,
Chennai 600 002. ... Respondents.
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
seeking Writ of Certiorarified Mandamus, calling for the records relating
to the issuance of the letter dated 16.03.2020 in
Lr.No.CMWSSB/ROI/393/2020 on the file of the 4th respondent herein
and quash the same and consequently issue a direction forbearing the
respondent their men, agents, servants or any person claiming under the
respondents 1 to 4 from interfering with the petitioner's possession and
enjoyment of their private patta land property comprised in Survey
No.53/1, 53/10A1, 53/10C1, 53/12A, 53/14, 53/17A, 53/17C1, 53/5A2
and 53/7A of Surapattu Village covered in Patta No.616, Madharavam
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W.P.No.8093 of 2020
Taluk (Formerly Ambattur Taluk), Tiruvallur District and pass orders.
For Petitioner : Mr.N.Premkumar
For Respondents : Mr.D.Raja, for RR1 and 2
Additional Government Pleader.
Mr.Vigneswaran, for RR3 and 4.
ORDER
This writ petition has been filed challenging the order issued by the 4th respondent dated 16.03.2020 and for a consequential direction not to interfere with the possession and enjoyment of the subject property unless and otherwise by due process of law.
2.The case of the petitioners is that they are the owners of the subject property and they have been in possession of the property right from the year 1960 onwards. The further case of the petitioners is that even a patta has been issued in favour of the mother of the petitioners as earlier as in the year 1994 and subsequently computer patta was also issued in the name of the mother of the petitioners in the year 2005. The greviance of the petitioners is that the 3rd and 4th respondents were Page No.3/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 attempting to construct a compound wall through the property belonging to the petitioners. When this was questioned, an impugned order came to be issued by the 4th respondent on 16.03.2020 informing the petitioners that the subject property has already been acquired and it was handed over to the Chennai Metro Water Supply and Sewerage Board (CMWSSB) in the year 1986 itself and the CMWSSB went ahead with the construction of the compound wall inorder to secure three conduits from puzhal lake to kilpauk water treatment plant. The greivance of the petitioners is that they were not aware of the acquisition of the land or the award which is said to have been passed in the year 1986.
3.A counter affidavit has been filed by the 3rd and 4th respondents and the relevant portion in the counter affidavit is extracted hereunder:
“7. The property comprised in Survey No. 53/10A, 53/12, 53/14 and 53/17A covering 1.89 acres of Surpat village, Ambattur Taluk(Presently Madhavaram Taluk Chennai District) along with other lands are acquried under Land Acquisition Act by the Revenue Divisional Officer and Land Acquistion Officer, Saidapet during 1986 for the purpose of construction 3rd conduit from Redhills to Page No.4/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 Kilpauk for Metro Water Supply scheme. Further, it is submitted that the property mentioned above in Surapet Village were orginally in the jurisdiction of Chengalpet District and from the year 1997 comes under the jurisdiction of Thiruvallur District and recently it is brought under Chennai District Jurisdiction. The details of lands and the compensation amount awarded for the lands acquried by the Revenue Divisional Officer and Land Acquistion Officer, Saidapet are given below:
Sl. Survey Extent The nature of Value of Name No. No. Acres/Cents compensation compensa tion 1 57 1.32 Cash 26,604.20 Kannabiran Reddy 2 53/10A1 0.13 Amount kept 38,092.40 Chandrasekaran 3 53/12 0.67 in RD Muthayee 4 53/14 0.79 5 53/17A 0.30 1.89 1.89 6 58/1A 0.44 7 58/1A2 0.25 Cash 11,085.10 M.Natesa Reddy 8 60A 0.41 11,085.10 Masilamani 1.10 9 53/8A 0.13 Cash 2673.35 Ranga reddy 10 53/13 0.18 Cash 16325.35 M.Kannapiran Page No.5/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 Sl. Survey Extent The nature of Value of Name No. No. Acres/Cents compensation compensa tion 11 53/16 0.67 Kept in RD 13,503.70 South India Corporation 12 190A/1A 1.30 Cash 3930.20 Srinivasa Reddy 2620.10 Jeevarathinam 2620.10 M.Elumalai 7860.30 E.Elumalai 13 190/A2A 0.23 Cash 1506.10 R.M.Jayaraman 1A 1506.55 R.M.Manoharan 14 190/A2A 0.27 Cash 1768.55 R.M.Jayaraman 1B 1768.55 R.M.Manoharan 15 190/A2A 0.28 Cash 6053.65 Ganesan 1C Arumugam Subramaniyam 16 190A2B 4030.60 Pattammal 1A 0.24 Cash 17 190A2B 5A 0.10 18 190/A2A 0.21 Cash 2751.10 S.A.Govindarajan 2A 19 190A2C Cash 5633.25 S.A.Govindarajan 1A 0.35 20 190A2C 0.08 3 21 190/A2C 0.35 Cash 2292.60 Dharmalinga 3A 2292.65 reddy R.Govindarajan 22 190/A2D 0.16 Cash 1896.80 Chellammal 1 23 190A2B 0.82 Cash 2620.15 S.V.Krishnan 1 4978.20 E.Elumalai 1198.60 Dharmaraja reddy Page No.6/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 Sl. Survey Extent The nature of Value of Name No. No. Acres/Cents compensation compensa tion 24 190/A2B 0.332 Kept in RD 13507.70 Rajagopal reddy 3A 25 190/2B4 0.10 Cash 1165.85 D.Pattammal A
8.The above lands are classified under Government dry land and acquired under Land Acquistion Act for the purpose of construction of conduit No. 3 and has been transferred to Madras Metropolitan Water Supply and Sewerage Board, Madras(now it is named as Chennai Metropolitan Water Supply and Sewerage Board). Hence the land in S.No. 53/101, 53/12, 53/14 and 53/17A of Surapet village to an extent of 1.89 acres belongs to Chennai Metropolitan Water Supply and Sewrage Board land. The project for construction of conduit No.3 also commenced in the year 1982. Thereafter the said property is in the continuous possession of the Chennai Metropolitan Supply and Sewerage Board.
9. It is respectfully submitted that the details of land acquired under Land Acquistion Act and the compensation paid for the lands acquired by the then RDO/LAO, Saidapet during the year 1986 was registered at Sub Register Office at Ambattur on 31.07.87 and the copy of the same is submitted for kind persual.Page No.7/12
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10. Tvl. Chandrasekaran, Muthayee have been given compensation of Rs. 38,092.40 for the land of extent of 1.89 acres under Land Acquisition Act and the amount of Rs.38,092.40 has been kept in Revenue Deposit from 1986. Hence, from the year 1986, the land belongs to Chennai Metropolitan Water Supply and Sewerage Board. The Petitioners Tvl. Indrani Karuppaiah and 4 others have no rights which were owned by CMWSSB from 1986. The issue of patta No.616, dated 29.07.2005 for the lands in Survey No.53/10A1, 53/12, 53/14 and 53/17A to an extent of 1.89 acres is invalid, since the lands were acquired in the year 1986 by Chennai Metropolitan Water Supply and Sewerage Board under Acquistion Act.”
4.Heard Mr.D.Raja, learned Additional Government Pleader appearing on behalf of respondents 1 and 2 and Mr.Vigneswaran, learned counsel appearing on behalf of respndents 3 and 4.
5.This Court at the time of hearing brought to the notice of the learned counsel for the petitioners that the writ petition filed in the present form is not maintainable since a consequential letter issued by the Page No.8/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 4th respondent has been put to challenge even without questioning the acquisition or the award passed. In reply to the said query posed by this Court, the learned counsel for the petitioners submitted that they have attempted their best to get a copy of the award and since the same was not furnished, the petitioners are not in a position to question the acquisition and the subsequent award, which is said to have been passed in the year 1986.
6.In the considered view of this Court, the subject property has been acquired and the award also came to be passed in Award No.3 of 1986 dated 25.08.1986. The impugned letter issued by the 4th respondent clearly informed the petitioners about the factum of acquisition and the award passed. Challenging the said letter alone will not amount to challeging the acquisition and the award that has already been passed in the year 1986.
7.In view of the above, this Court is not willing to consider or go into the merits of the case only based on the impugned letter issued by Page No.9/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 the 4th respondent. The 2nd respondent is directed to furnish a copy of the award made in Award No.3 of 1986 dated 25.08.1986 to the petitioners within a period of four weeks from the date of receipt of copy of this order.
8.The petitioners is directed to make a fresh representation to the 2nd respondent along with a copy of this order. If the petitioners are aggrieved with the acquisition and award, it is left open to them to challenge the same, in the manner known to law.
9.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
19.08.2020 (½) Internet:Yes/No. Index:Yes/No. Speaking/non-speaking order.
rm Page No.10/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 To
1.The District Collector, Tiruvallur District, Tiruvallur.
2.The Tahsildhar, Madhavaram Taluk, Madhavaram, Tiruvallur District.
3.The Superintendent Engineer (SE) Water and Treatment & Transmission, Chennai Metro Water and Sewerage Board, 3rd Floor, No.1, Pumping Station Road, Chinthadaripet, Chennai 600 002.
4.The Executive Engineer, Regional Office-1, Chennai Metro Water and Sewerage Board, No.1, Pumping Station Road, Chinthadaripet, Chennai 600 002.
5.The Public Prosecutor, High Court, Madras.
Page No.11/12 https://www.mhc.tn.gov.in/judis/ W.P.No.8093 of 2020 N.ANAND VENKATESH, J., rm W.P.No.8093 of 2020 19.08.2020 Page No.12/12 https://www.mhc.tn.gov.in/judis/