Madras High Court
Church Of South India Trust Association vs The State Of Tamil Nadu on 10 June, 2021
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.06.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.12538 of 2021
Church of South India Trust Association,
(CSITA) of CSI Diocese Coimbatore
CSI Christ Church Vadavalli Pastorate
Rep. by its
Chairman cum Presbyter
Rev.Deiva Dhayavu Kirubanithi.D
C/o.Mr.S.Mohandoss,
22 Tauntsa Nagar,
Bommannampalayam,
Coimbatore- 641 046
... Petitioner
..Vs..
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Housing & Urban Development Department,
Fort St. George,
Chennai – 600 009.
2. The Managing Director,
Tamil Nadu Housing Board,
493, Anna Salai,
Nandanam, Chennai – 600 035.
https://www.mhc.tn.gov.in/judis/
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3. The Executive Engineer
Tamil Nadu Housing Board,
Administrative Office,
Tatabad,
Coimbatore.
4. The Revenue Divisional Officer,
Coimbatore (South)
State Bank Road,
Coimbatore.
5. The District Collector,
Coimbatore.
6. The Special Tahsildar
(Land Acquisition)
Tamil Nadu Housing Board,
Tatabad, Coimbatore.
7. The Tahsildar – Perur Taluk,
44-C, Siruvani Main Road,
Perur, Coimbatore. ... Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the first respondent herein
to delete the classification of the lands of an extent of 32 Cents in Plot
Nos.30 to 37, in S.No.129/1pt, Veerakeralam Village Perur Taluk
Coimbatore and carry out mutation of revenue records by implementing the
orders in letter No.39023/S2/87-6 dated 22.08.1988 of the first respondent
exempting the lands from acquisition proceedings.
https://www.mhc.tn.gov.in/judis/
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For Petitioner : Mr.AR L. Sundaresan
Senior Counsel
For M/s. Al.Ganthimathi
For Respondents : Mr.S.John J.Rajasingh
Government Advocate,
Government of Tamil Nadu
For RR1, 4 to 7
ORDER
(The case has been heard through video conferencing) The relief sought for in the writ petition is to direct the 1st respondent to delete the classification of the lands of an extent of 32 Cents in Plot Nos.30 to 37, in S.No.129/1pt, Veerakeralam Village, Perur Taluk, Coimbatore and carry out mutation of revenue records by implementing the orders in letter No.39023/S2/87-6 dated 22.08.1988 of the first respondent exempting the lands from acquisition proceedings.
2. The cause established for filing of the writ petition is the letter dated 22.08.1998 and based on the said letter, the petitioner seeks the relief to direct the 1st respondent to delete the classification of the lands and carry out mutation of revenue records. The fact remains that the land was https://www.mhc.tn.gov.in/judis/ 4 acquired a long back prior to passing of order on 22.08.1988.
3. The learned senior counsel appearing on behalf of the writ petitioner mainly contended that the letter of the year 1988 must be implemented in its letter and spirit and therefore, the subsequent orders cannot be a ground to reject the claim of the petitioner. The non implementation of the letter dated 22.08.1988 is a cause for the petitioner to pursue the matter and therefore, the request of the petitioner through representation is to be considered.
4.The fact remains that in letter dated 22.08.1988, the Secretary to Government accepted the representation of the Housing Board and has stated as follows.
"3.The Government after careful examination of the letter have decided to accept the recommendations of the Chairperson and Managing Director, Tamil Nadu Housing Board, and accordingly direct that the lands in Vadavalli, Veerakeralam, Telugupalayam and Vedapatti villages belonging to the members of the Federation of Residents' Welfare Associations, Coimbatore, specified in the Annexure to this letter, be excluded from the acquisition proceedings of the https://www.mhc.tn.gov.in/judis/ 5 Tamil Nadu Housing Board, subject to the condition that the Federation should withdraw the writ petitions filed in the High Court, Madras, against the acquisition procedure.
4.I am directed to request you to send necessary draft withdrawal/cancellation notifications for the said lands for approval by the Government for publication in the Tamil Nadu Government Gazette."
However, there was no subsequent development for several years and meanwhile, the subject property was developed during the year 2006 and the sale deeds were registered in 2013, 2014, 2015 and 2016. On 15.11.2019, the petitioner submitted an online patta application for the purpose of getting planning permission. The VAO of Veerakeralam informed the petitioner that the owners of the land is classified and stated as Tamil Nadu Housing Board in the land register and accordingly advised the petitioner to get No Objection Certification for grant of patta. Thus, the petitioner was constrained to submit an application seeking NOC from the Tamil Nadu Housing Board.
https://www.mhc.tn.gov.in/judis/ 6
5. The Tamil Nadu Housing Board has informed the petitioner that they have no powers to grant the relief to the writ petitioner and the Housing Board cannot grant exemption pursuant to the Government order of the year 1988. The said communication was issued in letter dated 16.10.2020 with reference to the application submitted by the petitioner under Rights to Information. However, the 1st respondent passed an order in letter dated 22.08.1988 categorically stating as follows:
"3.The District Revenue Officer, Tamil Nadu Housing Board has further stated that the petitioner, who is the subsequent purchasers Rev.D.Kirubanithi vide petition dated 11.02.2020 has requested the Government to re-convey the lands in Survey No.129/1 (Plot No.30 to 37) to an extent of 9.26 Acre and the petitioner has constructed house in above S.No.129/1 for an extent of 3000 sq.ft and for the remaining lands, the petitioner has fenced by means of compound wall. Based on the fact that the lands in Survey No.129/1 measuring 9.26 Acre in Veerakeralam village, Coimbatore District Award was passed, during 1986, Award amount was deposited in the Court, possession taken over by Tamil Nadu Housing Board on 28.01.2008 and the lands are very much essential for implementation of Scheme, it is requested to reject the re- conveyance request of the petitioner Rev.Kirubanithi for the above said lands and pass appropriate orders.
https://www.mhc.tn.gov.in/judis/ 7
4.In this connection in Civil Appeal Nos.6342-6343 of 2012 (W.A.Nos.805 and 806 of 2011) filed by V.Chandrasekaran and another against the impugned judgment and order dated 24.01.2012, passed by the High Court of Judicature at Madras in Writ Appeal Nos.805-806 of 2011, by which, the Division Bench reversed the judgment and order of the learned Single Judge, dated 1.11.2010 passed in relation to land acquisition proceedings, the Supreme Court of India in its order, dated 18th September 2012, among other things has ordered as follows:
"In the instant case, as the original vendors i.e., vendors of the first sale were not vested with any title over the said land, the transfer by them, was itself void and all subsequent transfers would also, as a result remain ineffective and unenforceable in law.
The land once vested in the State, free from all encumbrances cannot be divested"
5.The Government after careful examination with relevant records, your request for re-conveyance of lands in S.No.129/1 measuring 9.26 acre in Veerakeralam village, Coimbatore District is hereby rejected." https://www.mhc.tn.gov.in/judis/ 8 The reconveyance sought for by the petitioner was also rejected by the Government in the above order.
6. The learned senior counsel for the petitioner is of the opinion that reconveyance is not sought for in the present writ petition and the relief sought for is to consider the request of the writ petitioner to delete the classification of lands and carry out mutation of revenue records based on letter dated 22.08.1988.
7. This Court is of the considered opinion that 33 years lapsed from the date of issuance of a letter by the Government in the year 1988. Several development took place. Admittedly, the land was acquired prior to the year 1988 and it was allotted to the Housing Board. The Housing Board also rejected the claim of the writ petitioner. The Government also rejected the application for reconveyance. Thus, the petitioner has made an attempt to pursue the matter one way or other at this length of time and this apart, mere consideration to delete the classification of lands at this juncture cannot be ordered by this Court. The property stands in the name of the Housing https://www.mhc.tn.gov.in/judis/ 9 Board as per revenue records as pointed out by the VAO concerned. The NOC sought for by the petitioner was also rejected. The request for reconveyance made by the petitioner before the Government was also not considered. Thus, the relief sought for to delete the classification of lands and to carry out mutation of revenue records, which is consequential, cannot be granted by this Court. This being the fact established, the writ petitioner has not established any right to consider the relief as sought for in the present writ petition. Accordingly, the writ petition is dismissed. No costs.
10.06.2021
Index : Yes/No.
Internet : Yes/No.
Speaking order/Non-Speaking Order
rpl/vri
To
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Housing & Urban Development Department, Fort St. George, Chennai – 600 009.
https://www.mhc.tn.gov.in/judis/ 10 S.M.SUBRAMANIAM, J.
vri
2. The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai – 600 035.
3. The Executive Engineer Tamil Nadu Housing Board, Administrative Office, Tatabad, Coimbatore.
4. The Revenue Divisional Officer, Coimbatore (South) State Bank Road, Coimbatore.
5. The District Collector, Coimbatore.
6. The Special Tahsildar (Land Acquisition) Tamil Nadu Housing Board, Tatabad, Coimbatore.
7. The Tahsildar – Perur Taluk, 44-C, Siruvani Main Road, Perur, Coimbatore.
WP No.12538 of 2021
10.06.2021 https://www.mhc.tn.gov.in/judis/