Madras High Court
P. Velu vs Naravarikuppam Town Pachayat on 24 July, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.20114 of 2010 &
M.P.No.1 of 2010
1. P. Velu
2. V.Saravanan ...Petitioner
Vs.
1.Naravarikuppam Town Pachayat,
By its Exectuive Officer,
Naravarikuppam,
Redhills, Chennai-600 052.
2.The President,
Naravarikuppam Town Panchayat,
Naravarikuppam,
Redhills, Chennai-600 052. .. Respondents
Prayer: The writ petition filed under Article 226 of the
Constitution of India, to issue a writ of Mandamus, forbearing the
respondents, their men, agents, servants, subordinates and staff from
laying road over the petitioners' property namely westrn 740 sq.ft. (10
feet x 74 feet) out of 1702 sq.ft. Of vacant land in S.No.84/1A,
Naravarikuppam Village, Madhavaram Taluk, Thiruvallur District
bounded on the North by Anna Street, on the South by P.W. Office
Road, on the East by sites of G.Mohan and R.Dharmalingam and on the
West by Sivasankaran house or in any other manner interfering with or
disturbing the petitioners' peaceful possession and enjoyment thereof.
For Petitioner : M/s.N.R.Anantha Rama Krishnan
http://www.judis.nic.in
2
For Respondents : Mrs.K.Bhuvaneswari
Addl. Govt. Pleader
ORDER
The petitioner has filed this writ petition, seeking the following relief:-
“To issue a writ of Certiorarified
first
Mandamus, to call for the records of the
respondent's G.O.(D) No.149 Industries (MMB2)
Department dated 28.08.2010, pertaining to the petitioner's patta lands measuring 0-40-5 Hectares in S.F.No.266/3, 0.30.0 Hectare in S.F.No.264/1, 0.04.5 Hectare in S.F.No.264/2, 0.00.5 Hectare in S.F.No.264/3, 0.11.0 Hectares in S.F.No.266/2A and 0.13.0 Hectare in S.F.No.266/2B totally measuring 0.99-5 Hectares, situated in Nallur Village of Vedasandur Taluk, Dindigul District, quash the same and direct the first respondent to grant renewal of the quarrying lease by reconsidering the petitioner's renewal application dated 24.09.2007.”
2.The case of the petitioners is that the petitioners are father and son. The 1st petitioner's mother viz., Manoranjithammal, wife of R.Ponnusamy Gramani of Kavangarai, Puzhal, Chennai-66, owned the vacant land of 1702 sq.ft. in S.No.84/1A, Naravarikuppam Village, Madhavaram Taluk, Tiruvallur District, having purchased the same from one Mukund Naidu at Naravarikuppam Village, through a sale deed http://www.judis.nic.in 3 dated 17.12.1952 in Document No.2471/1952 on the file of SRO, Sembium. After the death of Manoranjithammal, the legal heirs viz., 1st petitioner and four brothers have succeeded to the estate of her. During the year 1997, the first respondent threatened to interfere with the peaceful possession and enjoyment of the aforesaid property. Hence, the legal heirs of the Manoranjithammal filed a suit in O.S.No.889 of 1997 on the file of the District Munsif Court, Thiruvotriyur, against the first respondent. After contest, they have obtained a decree and judgment for permanent injunction, by an order dated 18.03.1997. As against the judgment and decree, no appeal has been preferred by the respondents. In the year 2002, without petitioners' knowledge, the respondents have entered into an arrangement with the brothers viz., P.Sambandamurthy, P.Vadivelu and P.Balu, in respect of 740 sq.ft. Out 1702 sq.ft. to transfer the said extent in their favour on payment of adequate compensation to be determined by the Government. In the said arrangement, the petitioners were not parties. Since the respondents did not arrange for payment of compensation for the lands to be conveyed to them, no transfer was effected. Out of the entire extent of 1702 sq.ft., 962 sq.ft. has been conveyed to third parties in two sale deeds, one in favour of G.Mohan for an extent of 444 sq.ft. and another sale deed in http://www.judis.nic.in 4 favour of R.Dharmalingam for an extent of 518 sq.ft. While that being so, the officials of the respondents have attempted to grab the property in question for formation of the road, as against which, the present writ petition has been filed.
3.The learned Additional Government Pleader appearing for the first respondent/Town Panchayat filed a counter affidavit wherein it is stated that the disputed land used as road comprised in Survey No.84/1A, Naravarukuppam Village, Madhavaram Taluk, Thiruvallur District, has also been used by the villagers and others as pathway for more than 50 years. It is further stated that the disputed Road leads to Primary Health Centre at Naravarikuppam and there is no other way to reach the said Primary Health Centre. Further, the Naravarikuppam Village records show that Survey No.84/1A1 belongs to Tamil Nadu Slum Clearance Board and Survey No.84/1A2 is Village Natham. Hence, the disputed question of facts cannot be raised under Article 226 of the Constitution of India.
4. On perusal of the records, it is seen that the petitioners are claiming the title over the property based on the decree obtained from the Civil Court and they have also produced a sale deed dated http://www.judis.nic.in 5 17.12.1952 in favour of the mother of the first petitioner. However, it reveals that in the suit, permanent injunction was granted in favour of the first petitioner and his brothers. It appears that out of 1702 sq.ft., 962 sq.ft. sold to third parties. However, in the present case, the respondents claimed that the property in dispute is a pathway which leads to Primary Health Centre, Naravarikuppam Village, Madhavaram Taluk, Thiruvallur District.
5. In view of the above discussion, this Court is not inclined to give any positive direction to the petitioners. However, it is made clear that no person much less the petitioner, can be evicted from the Government land. The petitioners have to be evicted in the manner known to law by resorting to either under the Land Acquisition Act or Tamil Nadu Land Encroachment Act.
6. In view of the foregoing reasons, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
24.07.2019 Speaking Order/Non-speaking Order Index : Yes/No kal http://www.judis.nic.in 6 M.DHANDAPANI, J kal To
1.Naravarikuppam Town Pachayat, By its Exectuive Officer, Naravarikuppam, Redhills, Chennai-600 052.
2.The President, Naravarikuppam Town Panchayat, Naravarikuppam, Redhills, Chennai-600 052.
W.P.No.20114 of 2010
& M.P.No.1 of 2010 24.07.2019 http://www.judis.nic.in