Madras High Court
Church Of South India Trust ... vs The State Of Tamil Nadu on 10 June, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.06.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.12538 of 2021
Church of South India Trust Association,
(CSITA) of CSI Diocese Coimbatore
CSI Christ Church Vadavalli Pastorate
Rep. by its
Chairman cum Presbyter
Rev.Deiva Dhayavu Kirubanithi.D
C/o.Mr.S.Mohandoss,
22 Tauntsa Nagar,
Bommannampalayam,
Coimbatore- 641 046
... Petitioner
..Vs..
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Housing & Urban Development Department,
Fort St. George,
Chennai – 600 009.
2. The Managing Director,
Tamil Nadu Housing Board,
493, Anna Salai,
Nandanam, Chennai – 600 035.
https://www.mhc.tn.gov.in/judis/
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3. The Executive Engineer
Tamil Nadu Housing Board,
Administrative Office,
Tatabad,
Coimbatore.
4. The Revenue Divisional Officer,
Coimbatore (South)
State Bank Road,
Coimbatore.
5. The District Collector,
Coimbatore.
6. The Special Tahsildar
(Land Acquisition)
Tamil Nadu Housing Board,
Tatabad, Coimbatore.
7. The Tahsildar – Perur Taluk,
44-C, Siruvani Main Road,
Perur, Coimbatore. ... Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the first respondent herein
to delete the classification of the lands of an extent of 32 Cents in Plot
Nos.30 to 37, in S.No.129/1pt, Veerakeralam Village Perur Taluk
Coimbatore and carry out mutation of revenue records by implementing the
orders in letter No.39023/S2/87-6 dated 22.08.1988 of the first respondent
exempting the lands from acquisition proceedings.
https://www.mhc.tn.gov.in/judis/
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For Petitioner : Mr.AR L. Sundaresan
Senior Counsel
For M/s. Al.Ganthimathi
For Respondents : Mr.S.John J.Rajasingh
Government Advocate,
Government of Tamil Nadu
For RR1, 4 to 7
ORDER
(The case has been heard through video conferencing)
The relief sought for in the writ petition is to direct the 1st
respondent to delete the classification of the lands of an extent of 32 Cents
in Plot Nos.30 to 37, in S.No.129/1pt, Veerakeralam Village, Perur Taluk,
Coimbatore and carry out mutation of revenue records by implementing the
orders in letter No.39023/S2/87-6 dated 22.08.1988 of the first respondent
exempting the lands from acquisition proceedings.
2. The cause established for filing of the writ petition is the
letter dated 22.08.1998 and based on the said letter, the petitioner seeks the
relief to direct the 1st respondent to delete the classification of the lands and
carry out mutation of revenue records. The fact remains that the land was
https://www.mhc.tn.gov.in/judis/
acquired a long back prior to passing of order on 22.08.1988.
3. The learned senior counsel appearing on behalf of the writ
petitioner mainly contended that the letter of the year 1988 must be
implemented in its letter and spirit and therefore, the subsequent orders
cannot be a ground to reject the claim of the petitioner. The non
implementation of the letter dated 22.08.1988 is a cause for the petitioner to
pursue the matter and therefore, the request of the petitioner through
representation is to be considered.
4.The fact remains that in letter dated 22.08.1988, the Secretary to
Government accepted the representation of the Housing Board and has
stated as follows.
"3.The Government after careful examination of the
letter have decided to accept the recommendations of the
Chairperson and Managing Director, Tamil Nadu Housing
Board, and accordingly direct that the lands in Vadavalli,
Veerakeralam, Telugupalayam and Vedapatti villages
belonging to the members of the Federation of Residents'
Welfare Associations, Coimbatore, specified in the Annexure to
this letter, be excluded from the acquisition proceedings of the
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Tamil Nadu Housing Board, subject to the condition that the
Federation should withdraw the writ petitions filed in the High
Court, Madras, against the acquisition procedure.
4.I am directed to request you to send necessary draft
withdrawal/cancellation notifications for the said lands for
approval by the Government for publication in the Tamil
Nadu Government Gazette."
However, there was no subsequent development for several years and
meanwhile, the subject property was developed during the year 2006 and
the sale deeds were registered in 2013, 2014, 2015 and 2016. On
15.11.2019, the petitioner submitted an online patta application for the
purpose of getting planning permission. The VAO of Veerakeralam
informed the petitioner that the owners of the land is classified and stated as
Tamil Nadu Housing Board in the land register and accordingly advised the
petitioner to get No Objection Certification for grant of patta. Thus, the
petitioner was constrained to submit an application seeking NOC from the
Tamil Nadu Housing Board.
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5. The Tamil Nadu Housing Board has informed the petitioner that
they have no powers to grant the relief to the writ petitioner and the
Housing Board cannot grant exemption pursuant to the Government order
of the year 1988. The said communication was issued in letter dated
16.10.2020 with reference to the application submitted by the petitioner
under Rights to Information. However, the 1st respondent passed an order in
letter dated 22.08.1988 categorically stating as follows:
"3.The District Revenue Officer, Tamil Nadu Housing
Board has further stated that the petitioner, who is the
subsequent purchasers Rev.D.Kirubanithi vide petition dated
11.02.2020 has requested the Government to re-convey the
lands in Survey No.129/1 (Plot No.30 to 37) to an extent of
9.26 Acre and the petitioner has constructed house in above
S.No.129/1 for an extent of 3000 sq.ft and for the remaining
lands, the petitioner has fenced by means of compound wall.
Based on the fact that the lands in Survey No.129/1 measuring
9.26 Acre in Veerakeralam village, Coimbatore District Award
was passed, during 1986, Award amount was deposited in the
Court, possession taken over by Tamil Nadu Housing Board on
28.01.2008 and the lands are very much essential for
implementation of Scheme, it is requested to reject the re-
conveyance request of the petitioner Rev.Kirubanithi for the
above said lands and pass appropriate orders.
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4.In this connection in Civil Appeal Nos.6342-6343 of
2012 (W.A.Nos.805 and 806 of 2011) filed by
V.Chandrasekaran and another against the impugned
judgment and order dated 24.01.2012, passed by the High
Court of Judicature at Madras in Writ Appeal Nos.805-806 of
2011, by which, the Division Bench reversed the judgment and
order of the learned Single Judge, dated 1.11.2010 passed in
relation to land acquisition proceedings, the Supreme Court of
India in its order, dated 18th September 2012, among other
things has ordered as follows:
"In the instant case, as the original vendors i.e.,
vendors of the first sale were not vested with any title over the
said land, the transfer by them, was itself void and all
subsequent transfers would also, as a result remain
ineffective and unenforceable in law.
The land once vested in the State, free from all
encumbrances cannot be divested"
5.The Government after careful examination with
relevant records, your request for re-conveyance of lands in
S.No.129/1 measuring 9.26 acre in Veerakeralam village,
Coimbatore District is hereby rejected."
https://www.mhc.tn.gov.in/judis/
The reconveyance sought for by the petitioner was also rejected by the
Government in the above order.
6. The learned senior counsel for the petitioner is of the opinion that
reconveyance is not sought for in the present writ petition and the relief
sought for is to consider the request of the writ petitioner to delete the
classification of lands and carry out mutation of revenue records based on
letter dated 22.08.1988.
7. This Court is of the considered opinion that 33 years lapsed from
the date of issuance of a letter by the Government in the year 1988. Several
development took place. Admittedly, the land was acquired prior to the year
1988 and it was allotted to the Housing Board. The Housing Board also
rejected the claim of the writ petitioner. The Government also rejected the
application for reconveyance. Thus, the petitioner has made an attempt to
pursue the matter one way or other at this length of time and this apart, mere
consideration to delete the classification of lands at this juncture cannot be
ordered by this Court. The property stands in the name of the Housing
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Board as per revenue records as pointed out by the VAO concerned. The
NOC sought for by the petitioner was also rejected. The request for
reconveyance made by the petitioner before the Government was also not
considered. Thus, the relief sought for to delete the classification of lands
and to carry out mutation of revenue records, which is consequential, cannot
be granted by this Court. This being the fact established, the writ petitioner
has not established any right to consider the relief as sought for in the
present writ petition. Accordingly, the writ petition is dismissed. No costs.
10.06.2021
Index : Yes/No.
Internet : Yes/No.
Speaking order/Non-Speaking Order
rpl/vri
To
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Housing & Urban Development Department,
Fort St. George,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis/
S.M.SUBRAMANIAM, J.
vri
2. The Managing Director,
Tamil Nadu Housing Board,
493, Anna Salai,
Nandanam, Chennai – 600 035.
3. The Executive Engineer
Tamil Nadu Housing Board,
Administrative Office,
Tatabad,
Coimbatore.
4. The Revenue Divisional Officer,
Coimbatore (South)
State Bank Road,
Coimbatore.
5. The District Collector,
Coimbatore.
6. The Special Tahsildar
(Land Acquisition)
Tamil Nadu Housing Board,
Tatabad, Coimbatore.
7. The Tahsildar – Perur Taluk,
44-C, Siruvani Main Road,
Perur, Coimbatore.
WP No.12538 of 2021
10.06.2021
https://www.mhc.tn.gov.in/judis/
