Madras High CourtWP/5357/2011disposed of

Elankumaran v. The Executive Officer

2018-07-17Honourable Mr Justice V. Parthiban9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 27.06.2018 Delivered on : 17-07-2018

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.Nos. 5357, 5358, 2591 to 2593 and 6915 of 2011 and W.M.P.No.2697 of 2011 & M.P.Nos.1 to 11 of 2011 ELANKUMARAN ..PETITIONER IN W.P.NO.5357 OF 2011 1 K.GOPALAKRISHNAN ..PETITIONER in WP No.5358 OF 2011 1 ELANKUMARAN ...PETITIONER in WP No.2591 OF 2011 1 THIRUNAVUKARASU .. PETITIONER in WP No.2592 OF 2011 1 K.GOPALAKRISHNAN ... PETITIONER in WP No.2593 OF 2011 1 THIRUNAVUKARASU ... PETITIONER in WP No.6915 OF 2011

Versus

1. THE EXECUTIVE OFFICER, SPECIAL VILLAGE TOWN PANCHAYAT, KALINJUR, KATPADI TALUK, VELLORE DISTRICT.

2. THE CORPORATION OF VELLORE, REP. BY ITS COMMISSIONER, VELLORE.

..RESPONDENTS IN W.P.5357 & 5358/2011.

KATPADI TALUK VELLORE DIST.

2 THE CORPORATION OF VELLORE REP.BY ITS COMMISSIONER VELLORE.

(R2- IMPLEADED AS PER ORDER DT.10.11.2017 IN WMPS.2695 & 2696/17 IN WPS.5357 & 5358/2011) ... RESPONDENT in WP No.5357 OF 2011 KATPADI TALUK VELLORE DIST.

2 THE CORPORATION OF VELLORE REP.BY ITS COMMISSIONER VELLORE.

(R2- IMPLEADED AS PER ORDER DT.10.11.2017 IN WMP.2695& 2696/17 IN WP.5357& 5358/2011) ... RESPONDENT in WP No.5358 OF 2011 KATPADI TK VELLORE DT 2 SARAVANAN S/O.V.GOPAL 31 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 3 J.ANANTHA MURTHY S/O.V.JAGANNATHAN 12 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 4 T.SUSILA DEVI W/O. A.AMIRTHALINGAM 20 BHARATHIDASAN NAGAR 3RD STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 5 P.PALANI S/O.C.PONNUSAMY 41 BHARATHIDASAN NAGAR 2ND STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 6 K.RAJENDRAN S/O.K.KUPPAN 18 BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 7 SATYABAMA W/O.GOVINDASAMY 5/11 WEST STREET BHARATHIDASAN NAGAR MADHI NAGAR EXTN.

10 PRASANTH S/O.SWAMIDOSS 30 5TH STREET BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE.(R2 TO R10-IMPL AS PER ORD.DT.

24/11/11 BY MMSJ)

11. THE CORPORATION OF VELLORE REP. BY ITS COMMISSIONER VELLORE. (R-11 IMPLD. ORD DT.27/11/12 BY KCJ IN MP.3/12 IN WP.2591/11) ... RESPONDENT in WP No.2591 OF 2011 KATPADI TK VELLORE DT 2 SARAVANAN S/O.V.GOPAL 31 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 3 J.ANANTHA MURTHY S/O.V.JAGANNATHAN 12 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 4 T.SUSILA DEVI W/O. A.AMIRTHALINGAM 20 BHARATHIDASAN NAGAR 3RD STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE.

5 P.PALANI S/O.C.PONNUSAMY 41 BHARATHIDASAN NAGAR 2ND STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 6 K.RAJENDRAN S/O.K.KUPPAN 18 BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 7 SATYABAMA W/O.GOVINDASAMY 5/11 WEST STREET BHARATHIDASAN NAGAR MADHI NAGAR EXTN.

GANDHI NAGAR VELLORE 8 R.AMIRTHALINGAM S/O.S.RAMALINGAM 3/1 BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE

9 E.ANANDA RAMAN SO. ETHIRAJALU REDDY 5/2 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 10 PRASANTH S/O.SWAMIDOSS 30 5TH STREET BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE (R2 TP R10-IMPL AS PER ORDER DT 24/11/2011 BY MMSJ IN MPS 2 & 2/2011 IN WPS 2591 TO 2593/2011)

11. THE CORPORATION OF VELLORE REP. BY ITS COMMISSIONER VELLORE. (R-11 IMPLD. ORD DT.27/11/12 BY KCJ IN MP.3/12 IN WP.2592/11) ... RESPONDENT in WP No.2592 OF 2011 KATPADI TK VELLORE DT 2 SARAVANAN S/O.V.GOPAL 31 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 3 J.ANANTHA MURTHY S/O.V.JAGANNATHAN 12 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 4 T.SUSILA DEVI W/O. A.AMIRTHALINGAM 20 BHARATHIDASAN NAGAR 3RD STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 5 P.PALANI S/O.C.PONNUSAMY 41 BHARATHIDASAN NAGAR 2ND STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 6 K.RAJENDRAN S/O.K.KUPPAN 18 BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE

7 SATYABAMA W/O.GOVINDASAMY 5/11 WEST STREET BHARATHIDASAN NAGAR MADHI NAGAR EXTN.

GANDHI NAGAR VELLORE 8 R.AMIRTHALINGAM S/O.S.RAMALINGAM 3/1 BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 9 E.ANANDA RAMAN S/O. ETHIRAJALU REDDY 5/2 BHARATHIDASAN NAGAR 5TH STREET MADHI NAGAR EXTN. GANDHI NAGAR VELLORE 10 PRASANTH S/O.SWAMIDOSS 30 5TH STREET BHARATHIDASAN NAGAR MADHI NAGAR EXTN. GANDHI NAGAR VELLORE (R2 TP R10-IMPL AS PER ORDER DT 24/11/2011 BY MMSJ IN MPS 2&2/2011 IN WPS 2591 TO 2593/2011)

11. THE CORPORATION OF VELLORE REP. BY ITS COMMISSIONER VELLORE. (R-11 IMPLD. ORD DT.27/11/12 BY KCJ IN MP.3/12 IN WP.2593/11) ... RESPONDENT in WP No.2593 OF 2011 ... RESPONDENT in WP No.6915/11 KATPADI TALUK VELLORE DISTRICT.

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus to, WP No.5357/11 Calling for the records of the respondent in his proceedings Na.Ka.No.73/2011 dated 11.02.2011 and quash the same and to forbearing the respondent from interfering with the petitioners peaceful possession and enjoyment of the land comprised in S.No.S.No.39/1 and 39/2, bearing Plot No.18A, Bharathidasan Nagar, Kalinjur Special Village Town Panchayat, Katpadi Taluk, Vellore District.

WP No.5358/11 Calling for the records of the respondents in his proceedings Na.Ka.No.73/2011 dated 11.02.2011 and quash the same and to forbearing the respondent from interfering with the petitioners peaceful possession and enjoyment of the land comprised in . S.No.39/2, bearing Plot No.1A, and 17A Bharathidasan Nagar, Kalinjur Special Village Town Panchayat, Katpadi Taluk, Vellore District WP No.2591/11 Forbearing the respondent from interfering with the petitioners peaceful possession and enjoyment of the land comprised in S. No. 39/1 and 39/2, bearing plot No.18A, bharathidasan Nagar, Kalinjur Special Village Town Panchayat, Katpadi Taluk, Vellore District except by due process of law WP No.2592/11 Forbearing the respondent from interfering with the petitioners peaceful possession and enjoyment of the land comprised in S. No.

38/3, 39/1, bearing plot No.28A and 29A, Bharathidasan Nagar, Kalinjur Special Village Town Panchayat, Katpadi Taluk, Vellore District except by due process of law WP No.2593/11 Forbearing the respondent from interfering with the petitioners peaceful possession and enjoyment of the land comprised in S. No. 39/2, bearing plot No.1A and 17A, Bharathidasan Nagar, Kalinjur Special Village Town Panchayat, Katpadi Taluk, Vellore District except by due process of law WP No.6915/11 Calling for the records of the respondents in his proceedings Na.Ka.No. 73/2011 dated 11.02.11 and quash the same and forbearing the respondent from interfering with the petitioner peaceful possession and enjoyment of the land comprised in S.No.38/3 and 39/1, bearing Plot No.

28A, Bharathidasan Nagar, Kalinjur Special Village Town Panchayat, Katpadi Taluk, Vellore District.

For Petitioners:Mr.P.Wilson, SC for Mr.V.Parivallar in all WPs For respondents:Mr.T.M.Pappiah, Spl.G.P. for R1 & R2 in all WPs M/s.P.Shanthi for R2 in WP Nos.5357, 5358 of 2011 and R11 in WP 2591 to 2593 of 2011 Mr.V.Raghavachari for R3 to R10inWP Nos.2591 to 2593/11

COMMON ORDER All these Writ Petitions are arising out of the same impugned order dated 11.2.2011 of the erstwhile Executive Officer, Special Village Town Panchayat, Kalinjur, Katpadi taluk, Vellore District, in and by which, permission granted to the petitioners for putting up construction of house sites in respective S.Nos.38/3, 39/1 and 39/2, Bharathidasan Nagar, Kalinjur Special Village Town Panchayat, Katpadi taluk, Vellore District, came to be cancelled on the ground that the proposed construction is encroaching upon 60 ft public road envisaged in the plan.

2. Of the above total six Writ Petitions, three Writ Petitions were filed challenging the impugned order dated 11.2.2011 regarding the cancellation of building permission and the other three writ petitions were filed originally for issuance of Writ of Mandamus, forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioners of their respective properties.

3. The case of the petitioners is that they had purchased the house sites under the registered sale deeds in the year 2007. It appears that after purchase, the petitioners applied for planning permission, which was also obtained on 02.06.2009 from the authority for putting up house construction in their respective plots purchased by them.

According to the petitioners, originally there was a proposal of 60 ft road which was earmarked in the locality concerned as per Vellore Master Plan. However, in view of the representations of the local residents, who purchased the plots in the neighbourhood, the width of the road came to be reduced from 60 ft to 23 ft. On the revision of the plan, the petitioners have made arrangements for putting up housing construction and spent huge amount on the same. However, at this, the authority concerned attempted to interfere with the construction proposed to be put up in the respective house sites by the petitioners on the ground that the same was encroaching upon the originally proposed 60 ft road as per the Master Plan.

4. According to the petitioners, although initially an order of interim injunction was granted in respect of three Writ Petitions wherein, Mandamus was the prayer, however, notwithstanding the same, subsequently, an order was passed on 11.2.2011 cancelling the planning permission granted to the petitioners, which is the subject matter of challenge in the above other respective three writ petitions.

5. Shri P.Wilson, learned senior counsel appearing for all the writ petitioners, at the out set, would submit that consequent upon the impugned action, the petitioners were put to great hardship as originally the competent authority had given planning permission, however, they had gone back on their promise and subsequently, passed the impugned orders cancelling the planning permission for putting up housing construction. According the learned senior counsel, the revised plan provides only 23 ft road in the place of 60 ft. and therefore, there cannot be any encroachment at all on the part of the petitioners. In any event, the learned senior counsel would urge this Court that the first respondent which was under the jurisdiction of Vellore Municipality, later, upgraded as Vellore Corporation which has been impleaded as second respondent, can be directed to reconsider the entire issue afresh in view of passage of considerable time.

6. Upon notice, Mr.T.M.Pappiah, learned Special Government entered appearance for respondents 1 and 2 and Ms.P.Shanthil, learned counsel and Mr.V.Raghavachari, learned counsel entered appearance for other respondents.

7. Since the submission made by the learned senior counsel does not touch on the merits and de-merits of the claim of the petitioners and this Court's intervention is merely sought for only to direct the second respondent to reconsider the entire issue afresh by taking into consideration of subsequent development that might have happened during the pendency of the Writ Petitions, this Court is of the considered view that there cannot be any legal or valid objection from the respondents side.

8. In view of the above submission made by the learned senior counsel for the petitioners, this Court directs the second respondent to consider the claim of the petitioners as projected in the Writ Petitions afresh by taking into consideration all the relevant facts and circumstances and subsequent development that had taken place in regard to proposed plan reducing the public road from 60 ft. to 23 ft. The second respondent is directed to pass a detailed order as to why the claim of the petitioners could not be acceded to.

9. It is also open to the petitioners to submit a comprehensive representation in this regard enclosing the copies of the respective affidavits filed in support of the Writ Petitions to the competent authority and the competent authority shall consider the same and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the impugned order in Na.Ka. No.73/2011 dated 11.2.2011 is hereby set aside.

10. With the above directions, the Writ Petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar suk To

1. The Executive Officer, Special Village Town Panchayat, Kalinjur, Katpadi taluk, Vellore District.

2. The Commissioner, Vellore.

The Corporation of Vellore, Vellore.

+1 CC to Mrs.P. Shanthi, Advocate sr 46883.

+6 Ccs to Mr.V. Parivallal, Advocate sr 46724 to 46729. W.P. Nos.5357, 5358 2591 to 2593 and 6915 of 2011 BR(CO) SP(31/07/2018)