s m subramaniyam judge order. The respective Authorities are directed to initiate all appropriate actions to survey the disputed areas with reference to the approvals granted by the Director of Town and Country Planning and also the documents fraudulently registered in respect of various layouts falling under the Vellalur Town Panchayat limitsTHE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP No.10946 of 2023 And WMP Nos.10839 and 10840 of 2023 Mr.V.U.Maruthachalam … Petitioner Vs. 1.The District Collector, Collectorate Campus, Huzur Road, Coimbatore-641 018. 2.The District Revenue Officer, Collectorate Campus,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20-07-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.10946 of 2023
And
WMP Nos.10839 and 10840 of 2023
Mr.V.U.Maruthachalam … Petitioner
Vs.
1.The District Collector,
Collectorate Campus,
Huzur Road,
Coimbatore-641 018.
2.The District Revenue Officer,
Collectorate Campus,
Huzur Road,
Coimbatore-641 018.
3.The Revenue Divisional Officer,
Coimbatore South,
Coimbatore.
4.The Tahsildar,
Madukarai Taluk,
Coimbatore District.
5.Mr.M.Raju
6.N.M.Sukumar
[R-6 impleaded vide order of Court
dated 12.07.2023 made in WMP No.19735
of 2023 in WP No.10946 of 2023]
7.The Executive Officer,
Vellalore Town Panchayat,
Coimbatore.
[R-7 suo motu impleaded vide order of Court
dated 12.07.2023 made in WP No.10946 of 2023]
8.The Director of Town and Country Planning (DTCP),
CMDA Office Complex, E&C,
Market Road,
Koyambedu,
Chennai-600 107.
9.The Assistant Director of Survey and Land Records,
Collectorate,
Coimbatore.
10.The Superintendent of Police (Rural),
Coimbatore,
Coimbatore District.
11.The Commissioner of Town Panchayat,
No.75, Santhome High Road,
Urban Administrative Building,
MRC Nagar, Raja Annamalai Puram,
Chennai-600 028.
12.The District Registrar, Registration Department,
State Bank Road,
Collectorate,
Coimbatore-641 018.
[R-8 to R-12 suo motu impleaded
vide order of Court dated 20.07.2023
made in WP No.10946 of 2023] … Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records together with subsequent proceedings pertaining to Na.Ka.No.7644/ 2022/A2 dated 20.12.2022 and quash the same as arbitrary and not in accordance with law consequently, directing the respondents to survey and measure the lands situated in S.F.No.686 and 703 of Vellalore Village, Coimbatore District as per the records maintained by the Government and sub divide the subject matter of property with reference to petitioner’s land.
For Petitioner : Ms.S.Pooja Shree for
M/s.A.Parthasarathy
For Respondents-1 to 4,
and 8 to 12 : Mr.D.Ravichander,
Special Government Pleader.
For Respondent-5 : Not Ready in Notice
For Respondent-6 : Mr.M.Purushothaman
For Respondent-7 : Mr.E.Sundaram,
Government Advocate.
O R D E R
The learned counsel for the petitioner made a submission that based on the erroneous set of facts, the Revenue Divisional Officer, Coimbatore (South), submitted his report to the District Revenue Officer, Coimbatore vide letter dated 20.12.2022, which is under challenge in the present writ petition.
- The remarks made in the said communication adversely affect the rights of the petitioner and thus the petitioner has chosen to file the present writ petition. However, the order impugned is an internal communication and more-so the report submitted by the Revenue Divisional Officer to the District Revenue Officer, which was not communicated officially and the writ petitioner secured the same through Right to Information Act application.
- The impleaded sixth respondent filed an affidavit stating that there are numerous illegal transactions in the matter of dealing with the Government Poramboke lands and dealing with OSR lands as per the lay out approval sanctioned by the Director of Town and Country Planning.
- The learned counsel for the sixth respondent tabulated the irregularities and illegalities in the matter of dealing with Government properties and appropriating OSR lands by the writ petitioner, who is the elected President of the Vellalur Town Panchayat, Coimbatore District.
- It is contended that the petitioner has not even disclosed his identity in the affidavit filed in support of the present writ petition. The family members of the petitioner are elected as Ward Members and Councillors in three Wards and even on earlier occasions, they were holding the post of President or the Councillor.
- The modus operandi of the petitioner is that he owns land in that locality and he used to encroach upon the adjacent OSR land and sell the same for personal gains. The Authorities have also closed their eyes by not taking any survey or inspecting the OSR lands, which is to be kept open for the benefit of the people of that locality. There is a large scale allegation against the petitioner and his family members and even the Government poramboke lands are encroached upon and sold to the third parties.
- The fifth respondent has given a complaint to the Commissioner of Police and no action has been taken against the allegation of land grabbing. A further complaint was given to the District Registrar to cancel the fraudulent document executed to deal with the Government poramboke land in OSR land and the District Registrar also has failed to initiate actions to cancel the documents by invoking Section 77-A of the Registration Act, 1908.
- In the context of the illegality, the learned counsel for the sixth respondent made a submission that several Authorities have colluded with the petitioner for unjust gains. If this kind of large scale allegations are unnoticed by the Authorities, this Court is afraid, whether the interest of the public is protected by the State. The Government Authorities are expected to protect the public properties and protect the OSR lands as per the approved lay out for the benefit of the people of that locality.
- Revelation made by the sixth respondent in his affidavit is shocking to the conscience of this Court and therefore, swift action is imminent and warranted. If any habitual land grabbing is identified in respect of such persons, the Authorities Competent have to consider for initiation of appropriate action if necessary under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers Drug Offenders, Goondas, Immoral Traffic Offenders and Slum- Grabbers, Act, 1982. Section 2 sub-clause (h) defines ‘slum-grabber’ means “a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into, or creates illegal tenancies or leave and licence agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire or gives such lands to any person on rental or leave and licence basis for construction or use and occupation, of unauthorised structures or who knowingly gives financial aid to any person for taking illegal possession of such lands, or for construction of unauthorised structures thereon or who collects or attempts to collect from any occupier of such lands, rent, compensation or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure ; or who abets in any manner the doing of any of the above mentioned things”.
- Criminal complaint given by the fifth respondent has not been acted upon by the Commissioner of Police, Coimbatore. The Commissioner of Police ought to have referred the matter to the Central Crime Branch for conducting investigation, since the allegations are very serious in nature. The inaction on the part of the officials encouraged such persons to commit such kind of offences repeatedly causing loss to the public properties.
- It is the duty of the Authorities to protect the Government properties for which they have been paid decent salary from the Taxpayers’ money. If they fail to protect the properties of the Government, they are not only committing an unconstitutionality, but also committing misconduct of negligence, dereliction of duty and lapses warranting actions both under the Service Rules and under the general provisions of law.
- In view of the facts that the allegations are interlinked with the Departments, it is necessary to suo motu implead the following Authorities for effective investigation and adjudication of the issues:-
(1) The Director of Town and Country Planning (DTCP), CMDA Office Complex, E&C, Market Road, Koyambedu, Chennai-600 107.
(2) The Assistant Director of Survey and Land Records, Collectorate, Coimbatore.
(3) The Superintendent of Police (Rural), Coimbatore, Coimbatore District.
(4) The Commissioner of Town Panchayat, No.75, Santhome High Road, Urban Administrative Building, MRC Nagar, Raja Annamalai Puram, Chennai-600 028.
(5) The District Registrar, Registration Department, State Bank Road, Collectorate, Coimbatore-641 018.
- The learned Special Government Pleader, appearing on behalf of the respondents 1 to 4, takes notice on behalf of the impleaded respondents i.e., Respondents 8 to 12. The respective Authorities are directed to initiate all appropriate actions to survey the disputed areas with reference to the approvals granted by the Director of Town and Country Planning and also the documents fraudulently registered in respect of various layouts falling under the Vellalur Town Panchayat limits.
- With reference to the affidavit filed by the sixth respondent Mr.N.M.Sukumar, the respondents shall verify the illegalities, fraudulent execution of registration of documents etc., in coordination with Departments concerned and initiate all appropriate actions in the manner known to law.
- The sixth respondent Mr.N.M.Sukumar is directed to furnish the copy of the documents along with the affidavit filed before this Court, to all the Authorities through Registered Post or through Courier or in person, enabling the Authorities to initiate appropriate actions. The Authorities are directed to proceed with the actions and submit the Status Report before this Court on 03.08.2023.
- The petitioner is also at liberty to submit documents to establish his case. The sixth respondent shall intimate about the present writ petition to the fifth respondent and the petitioner is also at liberty to serve private notice to the fifth respondent. Today i.e., on 20.07.2023, Mr.V.Pandarinathan, Revenue Divisional Officer, Coimbatore (South) and Mr.N.Balasubramani, Executive Officer, Vellalur Town Panchayat, Coimbatore District are present before this Court, who in turn shall coordinate with the Authorities for the purpose of conducting survey, initiation of further actions in all respects and communicate the orders of this Court to the Authorities for according necessary approval, sanction etc. The further presence of Mr.V.Pandarinathan, Revenue Divisional Officer, Coimbatore (South) and Mr.N.Balasubramani, Executive Officer, Vellalur Town Panchayat, Coimbatore District are dispensed with.
- Registry is directed to list the matter under the caption ‘For Orders’ on 03.08.2023.
20-07-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
S.M.SUBRAMANIAM, J.
Svn
WP 10946 of 2023
20-07-2023
