M.Sathasivam v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.6749 of 2018 1.M.Sathasivam 2.B.Sekar 3.V.Devaki 4.R.Ramesh 5.G.Premkumar 6.M.Palani 7.A.Parimala 8.P.Deivakani 9.S.Hamina 10.K.Ramu 11.S.Kaja Moideen 12.Nagoar Meera 13.V.Saridha 1/11
14.P.Lakshmi 15.P.Vasuki 16.S.Kumar 17.Habeef Mohammed 18.A.Naina Mohammed 19.Shaik Sagul Hameed 20.Ayisha Kani 21.C.Ganesa Moorthy 22.V.Chithra 23.P.Gopal 24.M.Kalidass 25.S.Gopalan 26.M.Sridhar 27.S.Selvi 28.V.Padma 29.R.Vasudevan 30.K.Saradha 31.E.Yahoob 32.V.Saravanakumar 2/11
33.V.Radha 34.K.Nalini 35.M.Mathivanan 36.B.Palanikumar 37.K.Kannan 38.M.Sathiyan 39.K.Nithiyanandam 40.J.Paulraj 41.V.Kumar 42.M.Kathirvel 43.S.Narkeesh Banu 44.V.Meena 45.R.Iyyappan 46.R.Mageshwari 47.R.Raju 48.G.Valli 49.K.Senthil 50.V.Lakshmi Narayanan 51.S.Vijaya Lakshmi 3/11
52.M.Sundarajan 53.V.Kuppan 54.C.Mohanapriya 55.R.Gowri 56.Sangeetha 57.M.Indira 58.Vasanthi Balan 59.L.Duraivel 60.Ushen Basha 61.S.Alaudeen 62.M.Punniyakodi
...Petitioner
-Vs1.The Government of Tamilnadu rep. byt its Additional Chief Secretary, Municipal Administration & Water Supply (MC-I) Department, Fort St. George, Chennai-9 2.The Commissioner Corporation of Chennai, Ribbon Building, Chennai 4/11
3.The Principal Chief Conservator of Forests and Wild Life Warden, Panagal Maligai, Saidapet, Chennai- 600 015.
4.The District Forest Officer Vandhavasi Road, Kancheepuram Taluk & District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified mandamus to call for the records pertaining to the impugned G.O.Ms.No.127 dated 24.12.2012 issued by the 1st respondent and quash the same and consequently to direct the respondents to re-define the limits and to exclude the petitioners residential area from reserve forest situated at S.No.657/1B3 & 3A2 in Quaid-e-Milleth Nagar, Pallikaranai, Sholinganallur Taluk, Kancheepuram District.
For Petitioners :
Mr. P.Vijendran For Respondents :
Mr.M.S.Premkumar, Government Advocate for R1,R3 & R4 Mr.G.T.Subramanian Standing Counsel for R2 5/11
O R D E R
This writ petition has been filed seeking to for the records pertaining to the impugned G.O.Ms.No.127 dated 24.12.2012 issued by the 1st respondent and consequently to direct the respondents to re-define the limits and to exclude the petitioners residential area from reserve forest situated at S.No.657/1B3 & 3A2 in Quaid-e-Milleth Nagar, Pallikaranai, Sholinganallur Taluk, Kancheepuram District.
The brief facts relating to the case are as follows:- 2.Petitioners are residents of Quaid-e-Milleeth Nagar, Pallikarani, Sholinganallur, Kancheepuram, have challenged the G.O. Ms. No. 127 of 2012 which sought for lands to be transferred through resolution No. 283/2012 to the Forest Department. The petitioners have been in possession of the properties, for which the second respondent - Corporation of Chennai has provided basic amenities. The petitioners sought for the respondents to redefine the limit excluding the residential area from the reserve forest. 6/11
2(i)The marshland was also sought to be sold through sale deed dated 13.10.2004 by certain people who had encroachments in the said wet land, was executed in favour of a trust called Boomi Balaha By way of alleged fake documents and also has been registered before the Royapuram Sub Registrar, the said issue is pending before this court in Crl.O.P. No. 4413 of 2013.
2(ii)The 5th respondent informed the petitioners to vacate the premises or otherwise he would vacate with the aid of the 6th respondent here in the Inspector of Police Pallikaranai Police Station. 2(iii)Aggrieved by the same the petitioners have filed the present writ petition.
3.The learned counsel appearing for the petitioner submitted that the First Bench of this Court in similar issue in W.P.Nos.25223 of 2018 and 7/11
24244 of 2023 by order dated 14.03.2024, stated as extracted hereunder : '' 2. Learned Additional Advocate General has placed on record a communication dated 20.2.2024 with regard to the formation of a Committee. Learned Additional Advocate General submits that the Committee of Enquiry has been constituted to find out whether any person in the Registration department or any other department is Involved in creating the illegal documents against law. The Committee is also to find out whether any documents of transfer of marsh land at Pallikaranai in favour of anybody was done by illegal means and any patta has been issued in the name of any individual with regard to the marsh land at Pallikaranai. Learned Additional Advocate General submits that the petitioners can approach the Committee with their grievance.
3. In the light of that, it is open for the petitioners to approach the said Committee, which would consider the complaint on its own merits. '' 8/11
4.Heard both sides. Records perused.
5.In view of the above order passed by the Hon'ble First Bench of this Court, the petitioner is directed to approach the said Committee which would consider the complaint on its own merits. 6.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order To 1.The Government of Tamilnadu rep. byt its Additional Chief Secretary, Municipal Administration & Water Supply (MC-I) Department, Fort St. George, Chennai-9 9/11
2.The Commissioner Corporation of Chennai, Ribbon Building, Chennai 3.The Principal Chief Conservator of Forests and Wild Life Warden, Panagal Maligai, Saidapet, Chennai- 600 015.
66.The District Forest Officer Vandhavasi Road, Kancheepuram Taluk & District.
10/11
J.SATHYA NARAYANA PRASAD, J.
vsn and W.M.P.No.6749 of 2018 12.03.2025 11/11