A.Arul v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P. No.19065 of 2024 in W.P. No.17275 of 2024 1.A.Arul 2.K.R.Kandasamy ... Petitioners Vs.
1.The District Collector, Collectorate, Coimbatore - 641 018.
2.The Assistant Director (Village Panchayats), Rural Development Agency, Collectorate, Coimbatore - 641 018.
3.The Member Secretary, Coimbatore Local Planning Authority, Tatabad, Coimbatore - 641 012.
4.The Block Development Officer (Village Panchayats) Sulur Panchayat Union Sulur, Coimbatore - 641 012.
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5.Chinniyampalayam Village Panchayat rep. By its President, Chinniyampalayam, Sulur Panchayat Union, Coimbatore - 641 062.
6.M.Selvaraj ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 5 from interfering with the peaceful possession and enjoyment of the petitioners' lands situated at Survey No.37/3C, Irugur Village, Palladam Taluk, Coimbatore District without following due process of law.
For Petitioners :
Mr.A.K.Sriram, Sr. Counsel for Mr.S.Saravanakumar For Respondents :
Mr.T.K.Saravanan, Government Advocate for R1 to R5 Page Nos.2/10
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Writ Petition' [hereinafter 'WP' for the sake of brevity] has been filed with a mandamus prayer qua two pieces of land (we are informed they are two plots of land) comprised in 'Survey No.37/3C, Irugur Village, Palladam Taluk, Coimbatore District' (hereinafter 'said lands' for the sake of brevity, convenience and clarity).
2. Mr.A.K.Sriram, learned senior counsel instructed by Mr.S.Saravanakumar, counsel on record for the writ petitioners submits that writ petitioners 1 and 2 purchased two pieces (plots) of lands admeasuring 2619 sq.ft. and 3399 sq.ft. vide sale deeds dated 27.02.2002 and 01.09.2005 respectively (sale deeds registered as Document Nos.742/2002 and 4566/2005 respectively on the file of Office of Sub Registrar, Singanallur).
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3. Learned senior counsel very fairly submitted that as regards the lay outs, a technical approval has been given by R5 (President, Chinniyampalayam Village Panchayat, Chinniyampalayam, Sulur Panchayat Union, Coimbatore) on 08.06.1993 but Clause 19 of this 08.06.1993 technical approval brings to light that a decision will be taken as regards encumbrances if any and clause (ee)[<] makes it clear that a further approval by appropriate authority is awaited.
4. Be that as it may, when things stood as above, R6 (Thiru.M.Selvaraj) before us filed a writ petition in this Court being W.P.No.33759 of 2023 with a mandamus prayer inter-alia saying that lands admeasuring 71059 sq. ft. or thereabouts qua aforementioned lay out is set apart qua OSR (Open Space Reservation) i.e., park/community hall and that it should be restored. R6 in captioned WP filed this earlier WP after sending three representations being representations dated 02.08.2021, 23.08.2021 and 20.10.2021 (hereinafter 'said representations' collectively for the sake of brevity, convenience and clarity).
5. Another Hon'ble Division Bench, in and by an order dated Page Nos.4/10
01.12.2023 disposed of W.P.No.33759 of 2023 filed by R6 before us directing respondents 1 to 4 thereat (who are also respondents 1 to 4 before us in the captioned WP) to consider said representations on merits and in accordance with law after affording an opportunity of hearing to all concerned.
6. Learned senior counsel submitted that the writ petitioners were under the impression that other similarly placed persons (to be noted there are as many as 20 private respondents in the earlier WP being W.P. No.33759 of 2023, they have been arrayed as R6 to R26 thereat and the first and second writ petitioners herein are R20 and R22 respectively in the earlier writ petition) have been visited with notices. The anxiety is a decision may be taken without affording an opportunity to the writ petitioners who are R20 and R22 in earlier WP.
7. Considering the nature of the matter, we are of the view that captioned WP can be disposed of by ordering notice regarding admission to official respondents.
8. Issue notice i.e., notice regarding admission to respondents 1 to 5. Mr.T.K.Saravanan, learned Government Advocate accepts Page Nos.5/10
notice for respondents 1 to 5.
9. Considering the dwindled legal perimeter of the captioned WP or in other words, limited legal landscape within which the captioned WP should now perambulate, we are taking up the main WP in the Admission Board with the consent of both sides. This would also mean that we are acutely conscious that R6 (private respondent) is not before us. We would be putting in a safety valve infra in this regard.
10. Learned State counsel, on accepting notice, submitted on instructions that pursuant to order of another Hon'ble Division Bench being order dated 01.12.2023, a Committee has been constituted to consider said representations and learned counsel placed before us proceedings in this regard signed by R1 (District Collector, Coimbatore) on 09.01.2024 and a scanned reproduction of the same is as follows:
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11. Learned State counsel submits that the two writ petitioners would be put on notice and R6 would also be put on notice. To be noted, this is the safety valve qua R6 alluded to supra for disposing of captioned WP in the Admission Board.
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12. The stated position of the State counsel now douses the anxiety of the writ petitioners and therefore, we deem it appropriate to dispose of the captioned WP by recording the stated position of the State counsel. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is also disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 03.07.2024 Index : Yes / No mmi To 1.The District Collector, Collectorate, Coimbatore - 641 018.
2.The Assistant Director (Village Panchayats), Rural Development Agency, Collectorate, Coimbatore - 641 018.
3.The Member Secretary, Coimbatore Local Planning Authority, Tatabad, Coimbatore - 641 012.
M.SUNDAR, J., Page Nos.9/10
and K.GOVINDARAJAN THILAKAVADI, J., mmi 4.The Block Development Officer (Village Panchayats) Sulur Panchayat Union Sulur, Coimbatore - 641 012.
5.The President, Chinniyampalayam, Sulur Panchayat Union, Coimbatore - 641 062.
03.07.2024 Page Nos.10/10