Ashok Leyland Employees v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2017 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.32501 of 2015 & 26539 of 2009 W.P.No.32501 of 2015:
Ashok Leyland Employees Co-operative House Construction Society Limited, KP (SPL) No.70, rep. by its President R.Jayakumar, Having Office at No.2, Sasthrinagar 3rd Street, Ennore, Chennai-600 057.
.. Petitioner -vs1.The Secretary, Department of Revenue, Chennai-600 009.
2.The District Collector, The Office of the Collectorate, Kancheepuram District, Kancheepuram-631 501.
Taluk Office, Kancheepuram District.
4.The Superintendent of Police, Office of the Superintendent of Police, Kancheepuram.
.. Respondents W.P.No.26539 of 2009:
1.Sukumar 2.K.Rajendra Karuppan 3.G.Deenadayalan 4.A.Palanivelu 5.G.Vinayagamoorthy
6.K.Rajasekaran 7.G.Marimuthu 8.K.Panneerselvam 9.V.Dasarathan 10.K.Ekambaram 11.M.Gnanasambantham 12.K.Viswanathan 13.S.Sivaramakrishnan 14.P.Bagavathi Sundaram 15.P.Perumal 16.Ezekiel 17.M.K.Rathinam 18.K.R.Karuppaiah 19.K.R.Kamakar 20.A.Kumaran 21.P.K.Mohan 22.M.A.Selvaraj 23.S.S.Vasan 24.C.D.Shanmugasundaram 25.V.D.Balakrishnan 26.V.Srinivasan 27.V.Gnanasekaran 28.P.S.Mohanasundaram 29.Dilvar Basha 30.R.Manivarma 31.A.Durairaj 32.G.Krishnamoorthy 33.P.Sukumaran 34.R.Sudakar 35.N.Mohan 36.T.Kalimuthan 37.C.Muthulingam 38.P.Ayyadurai 39.N.Subramaniam 40.K.Venkataraman 41.D.Inbaraj Bannette 42.R.Rajesh 43.P.Davy Wilson 44.J.Stephensouriraj 45.D.Panneerselvam 46.Saju Thomas 47.V.Vasumathi .. Petitioners -vs1.The Government of Tamilnadu, rep. by its Secretary, Revenue Department, Chennai-9.
2.District Collector, Kanchipuram District, Collectorate Office, Kanchipuram.
Sriperumbudur Taluk, Kanchipuram District 602 105.
4.The Executive Officer, Kundrathur Town Panchayat, Kanchipuram District.
5.The Block Development Officer, Kuntrathur Union, Padappai PO, Sriperumbudur Taluk, Kancheepuram District, Pin-601 301.
6.Ashok Leyland Employees Co-operative House Construction Society Limited, KP (SPL) 000.70 rep. by its President, No.2, Shastri Nagar III street, Ennoor, Chennai-600 057.
.. Respondents (Description of respondent Nos.1 and 3 amended as per the order in WMP.Nos.17566 & 17567 of 2016 dt. 28.7.2016) (Respondent Nos.5 & 6 impleaded as per order in WMP.Nos.17568 & 17569 of 2016 dt. 02.1.2017) W.P.No.32501 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to implement the order in G.O.Ms.No.990 Revenue (D1) Department, dated 12.6.1990 by removing the encroachments from the lands assigned to the petitioner comprised in S.Nos.361/1B, Adhanoor village, Sriperumbudur Taluk, Kanchipuram District therebya allotting the same to the petitioner society and issue patta to the allotted members of the petitioner society.
W.P.No.26539 of 2009 filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the third respondent to remove the encroachment on the petitioners land situated at Aathonoor village, comprised in Survey Nos.361/1A, 361/1B, 361/3, 361/4, Cherapanajery Sriperumbudur Taluk, Kanchipuram District.
W.P.No.32501 of 2015 For Petitioner :
Mr.S.S.Swaminathan For Respondents :
Mr.STS.Moorthy Addl. Advocate General assisted by Mr.P.S.Sivashanmugasundaram Spl. Government Pleader W.P.No.26539 of 2009 For Petitioners :
Mr.R.Thiagarajan For Respondents :
Mr.STS.Moorthy Addl. Advocate General assisted by Mr.P.S.Sivashanmugasundaram Spl. Government Pleader for R1 to R5 Mr.S.S.Swaminathan for R6 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The land designated for the petitioner society (W.P.No.32501 of 2015) for housing plots for 1200 employees of M/s.Ashok Leyland was acquired by the State Government for North Madras Thermal Power Station Project and in lieu thereof, alternative lands were made available in Adhanoor village, Sriperumbudur Taluk, Kancheepuram District in pursuance to G.O.Ms.No.990, Revenue (D1) Department, dated 12.06.1990. It is the case of the petitioner society (W.P.No.32501 of 2015) that out of the lands so allotted, in one of three blocks of lands, in S.No.361/1B, there was certain encroachments, which were not removed.
2. It is the common case that the layout plan was approved, plots were handed over and distributed to the members (973 out of 1043 members were also issued pattas) and the remaining plots are stated to have not been handed over on account of alleged encroachments in S.No.361/1B. In this behalf, the District Revenue Officer, by the proceedings dated 25.10.1990 directed the Revenue Divisional Officer to hand over the lands to the petitioner society after removing the encroachments. The matter is stated to be agitated repeatedly and 47 members have even filed W.P.No.26539 of 2009 for removal of the encroachments. It is stated that the said writ petition is still pending and listed along with the main writ petition (W.P.No.32501 of 2015) filed by the society.
3. The prayer made is for removal of the encroachments by the authorities, so that the petitioner society is able to distribute the remaining land to the unallotted members.
4. The learned Additional Advocate General raised the sole plea that the land did not contain encroachments at the stage when possession was handed over and these encroachments are subsequent events and that being a private dispute, the Government was washing its hands off the issue.
5. We are unable to accept the said plea, as it runs contrary to the records. In fact, number of communications in this behalf were pointed out to us. The communications dated 28.1.2014, 25.2.2014, 29.5.2015 and 01.6.2015 would show an assurance held out to the society by the authorities that the encroachments would be removed and even police assistance was sought. One wonders why the Government slept over the matter for so many years. Be that as it may, it is the State Government's responsibility to remove the encroachments and if that, in turn, requires making any alternate allotment, so be it. We are only concerned with the rights of the petitioner society to get the lands in question as allotted by the order of the State Government.
6. We, thus, direct the respondent authorities to proceed in accordance with law and take necessary steps to ensure that the remaining land allotted to the petitioner society is handed over free of encroachments within a maximum period of three months of the receipt of the copy of this order.
7. The writ petitions, accordingly, stand disposed of. No costs.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar bbr To 1.The Secretary, Revenue Department, Chennai-9.
2.The District Collector, Kanchipuram District, Collectorate Office, Kanchipuram.
Sriperumbudur Taluk, Kanchipuram District 602 105.
4.The Executive Officer, Kundrathur Town Panchayat, Kanchipuram District.
5.The Block Development Officer, Kuntrathur Union, Padappai PO Sriperumbudur Taluk, Kancheepuram District
6. The Superintendent of Police O/o. Superintendent of Police Kancheepuram 1 cc to Mr.S.S. Swaminathan, Advocate, Sr. 152 1 cc to Mr.R. Thiagrajan, Advocate, Sr. 182 1 cc to Government Pleader, Sr. 116 W.P.Nos.32501 of 2015 & 26539 of 2009 SCD (CO) kk 11/1