Kumar Vedhasalam v. The Governmet Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.16027 of 2023 Kumar Vedhasalam : Petitioner versus 1.The Government of Tamil Nadu Rep.by its Principal Secretary Revenue and Disaster Management Department Secretariat, Chennai 600 009.
2.The Commissioner Land Administration Department Ezhilagam, Chepauk, Chennai 600 005.
3.The Principal Secretary / Commissioner Greater Chennai corporation Ripon Building, Chennai 600 003.
4.The District Collector Chennai District Singaravelar Maligai Rajaji Salai, Chennai 600 001.
5.The Revenue Divisional Officer Chennai South Division, Guindy, Chennai 600 032.
6.The Tahsildar
Sholinganallur Taluk, Chennai 600 119.
7.The Village Administrative Officer Sholinganallur Village Sholinganallur Taluk Chennai District.
: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the issuance of the order in proceedings No.Na.Ka.24524/2018/J10 dated 21.10.2022 on the file of the 4th respondent, and set aside the same and consequently direct the respondents to restore the classification of land to its original classification.
For the Petitioner :
Mr.Abdul Saleem, Senior Counsel, for Mr.M.Vijayamehanath For the Respondents :
Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for respondents 1, 2 & 4 to 7 Mr.S.Silambanan, Additional Advocate-General, for Ms.P.T.Rama Devi, for the third respondent WP No.5413 of 2023
Palm Garden Residents Welfare Association - Akkarai Rep. by its Secretary Capt. Shibu Isaac : Petitioner versus 1.The State of Tamil Nadu Rep. by its Principal Secretary of Land Administration Land Administration Department Ezhilagam, Chepauk, Chennai 05 2.The Principal Secretary Commissionerate of Revenue Administration and Disaster Management Ezhilagam Building Chepauk, Chennai 05 3.The Principal Secretary and Commissioner Office of the Corporation of Chennai Rippon Building, Chennai 03 4.The District Collector Singaravelar Maaligai, Rajaji Salai Chennai 1 5.The Tahsildar Sholinganallur Taluk, Chennai 119 6.The District Revenue Officer South Chennai, Little Mount, Guindy, Chennai 32 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned order passed by the 4th respondent herein in his proceedings/order in Na/Ka/No.24524/2018/J10 dated 21.10.2022
classifying the lands in S.No.133, 0.46.00 hectare situated at Zone 15 Ward No.198, Shollinganallur Taluk from Government Poramboke - Field Poramboke to Government Poramboke LPG Gasifier Burial Ground and quash the same as illegal and arbitrary. For the Petitioner :
Mr.M.Himavanth For the Respondents :
Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.
for respondents 1,2, 4 to 6 Mr.S.Silambanan, Additional Advocate-General, for Ms.P.T.Rama Devi, for the third respondent COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.Abdul Saleem, learned Senior Counsel for the petitioner in WP No.16027 of 2023 and Mr.M.Himavanth, learned counsel for the petitioner in WP No.5413 of 2023; Mr.P.Muthukumar, learned State Government Pleader and Mr.S.Silambanan, learned Additional Advocate-General, for the respondents.
2. The petitioners assail the order dated 21.02.2022, thereby classifying S.No.133 as a Government Poromboke LPG gasifier burial ground.
3. Counter-affidavit is filed by the Greater Chennai Corporation. The said affidavit states that while implementation of the Sholinganallur S.No.133 extent of 0.46.0 Hectares LPG Gasifier Burial Ground, the nearby public and residents opposed, protested and requested not to implement the LPG Gasifier Burial Ground near the residential area which was about 90 meter away, on the apprehension that it would cause severe health hazards. The affidavit further states that by considering the same, the Greater Chennai Corporation decided to make usage of Greater Chennai Corporation LPG Gasifier Burial Ground, which was recently formed at Ejambakkam for the use of general public, which was nearby Uthandi.
4. Paragraph 19 of the affidavit further states that the existing LPG Gasifier Burial ground in Sholinganallur, S.No.133 to an extent of 0.46.0 H would be used for other public utility.
5. In view of the counter-affidavit filed, the grievance of the petitioners stands redressed. The Writ Petitions stand disposed of. There will be no order as to costs. Consequently, WMP Nos.5430, 5431, 15465, 15467, 15469 and 20402 of 2023 are closed. (S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index : Yes/No : Yes/No tar To:
1.The Principal Secretary Revenue and Disaster Management Department Secretariat, Chennai 600 009.
2.The Commissioner Land Administration Department Ezhilagam, Chepauk, Chennai 600 005.
3.The Principal Secretary / Commissioner Greater Chennai corporation Ripon Building, Chennai 600 003.
4.The District Collector Chennai District Singaravelar Maligai Rajaji Salai, Chennai 600 001.
5.The Revenue Divisional Officer Chennai South Division, Guindy, Chennai 600 032.
6.The Tahsildar Sholinganallur Taluk, Chennai 600 119.
7.The Village Administrative Officer Sholinganallur Village Sholinganallur Taluk Chennai District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar) 28.07.2023