Madras High Court
Karthikeya Ancillaries Private ... vs The Special Commissioner And ... on 1 August, 2023
W.ANo.1235 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. B.BALAJI
W.A.No.1235 of 2015 and
M.P.No.1 and 2 of 2015
Karthikeya Ancillaries Private Limited,
rep. by its Managing Director, Anjana Vasanthakumr,
6/256, Avanashi Road, Coimbatore 641 018. ... Appellant
Vs.
1. The Special Commissioner and Commissioner
for Land Administration, Chepauk,
Chennai 600 005.
2. The District Collector of Coimbatore,
Coimbatore District.
3. The Tahsildar, Coimbatore (South) Taluk,
Coimbatore.
4. The Commissioner, the Corporation of Coimbatore,
Coimbatore.
5. The Commissioner of Police,
Office of the Commissioner of Police,
Gopalapuram, Coimbatore 641 018. ... Respondents
Page 1 of 11
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
Prayer in Writ Appeal: Writ Appeal filed under Clause 15 of Letters Patent
to set aside the order passed by this Court in W.P.No.29374/2014 dated
20.07.2015..
For Appellant : Mr.R.Parthasarathy
For Respondents : Mr.R.Shanmugasundaram,
Advocate General
Assisted by Mr.T.Arunkumar,
Additional Government Pleader and
Ms.Shakeena, Government Advocate
for R1 to R3 & R5
Mr.K.Magesh for R4
JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This Intra Court Appeal has been filed by the writ petitioner, as
against the order passed by the Writ Court in W.P.No.1235/2015 dated
27.07.2023, wherein, the claim of the appellant to quash the proceedings
dated 02.9.2005 and 3.11.2005 passed by the first and third respondents
respectively to remove the encroachment made by the appellant company,
was dismissed.
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
2. The brief facts leading to the filing of the writ appeal is as follows.
The appellant/writ petitioner company is the absolute owner of the
lands viz., i) to an extent of 3.44 acres in S.No.484 in Villankurichi Village,
ii) 0.91 acres in S.No.472/1, iii) 1.10 acres in S.No.471/2; and 0.37 acres in
S.No.472/3 in Sowripalayam Village, Coimbatore District. The residents of
Peelamedu Village, had encroached the appellant's land to an extent of 22
cents, despite resistance was made by the appellant. Thereafter, negotiation
was made with the appellant by the Coimbatore Corporation through the
Collector of Coimbatore District for use of its 62 cents as burial ground.
Accordingly, the appellant had agreed to surrender their 62 cents of land, in
aggregate, viz., 0.27 acres in S.No.484/3B in Villankurichi Village; 0.05
acres in S.No.472/1B and 0.30 acres in S.No.472/3B in Sowripalayam
Village, under the bonafide intention that, an equal extent of 62 cents in
S.No.472/2 in Sowripalayam Village would be assigned in favour of the
appellant. Further, the appellant had allowed its patta lands to be used by
the general public, pending the formal assignment of the 62 cents of lands in
S.No.472/2 in favour of the appellant.
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
2.1. Though the authorities concerned had taken steps for the above
said proposal of exchange of land with the higher officials, on 11.04.1991,
while spot enquiry made by the Revenue Divisional Officer and Tahsildar,
they informed that there was a proposal for acquiring 59 cents of lands in
S.No.472/2. Hence, the petitioner company had filed W.P.No.16463/1991
before this Court and had obtained an order, directing the respondents to
complete the execution of the exchange land. Pursuant to the above order,
the writ petitioner was called for enquiry on 21.09.1999 and the
representative of the petitioner company had also appeared, however, there
was no further progress.
2.2. In such circumstances, the authorities concerned again visited the
property on 03.08.2007 and stated that the writ petitioner is an encroacher
and they had threatened to demolish the compound wall put up by the
appellant company in S.No.472/2. Hence the appellant had filed
W.P.26441/2007 seeking injunction and direction to the respondent to
complete the execution of exchange land, as promised, and it was dismissed
on 21.03.2014. Hence they filed W.A.No.1119/2013 and while the appeal
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
was taken up for final hearing in August 2014, it was informed by the
Government pleader that the respondents had passed the impugned orders
as stated supra, by rejecting the proposal for exchange of land, since the
petitioner's company was no longer in use and also ordered to take action for
immediate removal of encroachment made by the appellant. Therefore, to
quash the the above said orders and also seeking direction to the
respondents to assign 62 cents of land in S.No.47/2, the appellant/ writ
petitioner had filed the writ petition and it was dismissed by this Court.
Challenging the same, the present writ appeal has been filed.
3. The learned counsel for the appellant submitted that appellant had
made several requests to the respondents to complete the execution of
exchange of land as promised by them. However, it was rejected by the
respondents stating that the company was no longer in use and hence, the
request of the appelant cannot be considered. He further submitted that, the
appellant had surrendered his patta land measuring about 62 cents, only
based on the promise made by the second and third respondents that the
appellant would be compensated by granting patta to the 62 cents of lands,
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
which was occupied by them in S.No.472/2. But, contrary to the promise,
the respondent authorities, treating the appellant company as a land grabber,
had taken steps to remove the appellant and had also demolished the
compound wall without any notice to them. Therefore, appropriate direction
may be given to the respondents.
4. According to the respondents, the land in S.No.472/2, which is
classified as " vari Poramboke" is situated in between the S.No.472/1 and
472/3, owned by the appellant and taking advantage of the poramboke lands
lying vacant in between their patta lands, they encroached the Vari
Poramboke land in S.No.472/2 to an extent of 0.62 acres, adjoining south
and west to their patta lands and constructed compound wall prohibiting the
usage of the poromboke and by the public. The said encroachment has been
brought to "B memo" under the land encroachment Act 1905. Further, since
the appellant known that the government will evict their encroachment, they
come forward to give their patta lands, equal to the lands encroached by
them in vari poramboke. Subsequently, it was noticed by the respondents
that the lands offered by the appellant were not contiguous and lay in three
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
bits, in different places in S.F.No.472/1 and 472/3B and it will cause
inconvenience and create friction among the users of different villagers.
More over, the vari poromboke encroached by the appellant was quiet
abutting the Coimbatore-Avinashi National Highways Main road and much
costlier than the lands offered by the appellant. Therefore, taking into
account the above vital factors, the proposal of exchange of land was not
considered. In the meantime, it was found that the appellant factory was
defunct and there were no possibilities to revive and activate the factory.
Therefore, it was felt that the actual purpose for which the appellant needs
the lands is defeated. Further, the land encroached by the appellant is a vari
poromboke and hence, they cannot claim any legal right over the said land.
5. According to the appellant, in their patta lands in S.No.472/1B,
472/3B in Sowripalayam Village, road has been laid down by the
respondent authorities, however, they have not been paid by any
compensation. Therefore, this Court has directed the respondents to file a
Status Report.
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
6. Today, the learned Advocate General appearing for the respondents
1 to 3 and 5 has filed a Status Report, wherein, it is specifically stated that
no roads laid down by the Government or Coimbatore Corporation and also
there is no proposal of laying of road in the patta land in SF Nos.472/3BP,
472/1, 472/3 Sowripalayam Village, Coimbatore South Taluk and SF
No.484/3P of Vilankurichi Village, Coimbatore North Taluk.
7. Further, in the letter dated 29.07.2023 sent by the Tahsildar,
Coimbatore South to the District Collector, Coimbatore, it is reported that
the encroached portion of land, to an extent of 0.67 acres in S.No.472/2 of
Sowripalayam Village was retrieved by the Government and further, it was
handed over to the Tamil Nadu Police Department and the title of the same
was also transferred in their name. Now, in that place, Peelamedu (E2)
Police Station is functioning.
8. Inview of the above submissions and the Status report, we are of
the view that the appellant is not entitled to get any relief as claimed in the
writ petition. However, it is for the appellant to work out their remedy
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
before the appropriate forum to retrieve their patta lands, if they are under
encroachment. Further, liberty is granted to the appellant to approach the
respondents, if their lands are being used as burial ground. It is made clear
that we are not expressed any opinion to put the appellant in their patta land
and it is for authorities concerned to the consider the claim of the appellant,
in accordance with law.
9. With the above direction, this writ appeal is disposed. No costs.
Consequently connected miscellaneous petitions are closed.
(D.K.K.J.) (P.B.B.J.)
01.08.2023
Internet: Yes/No
Index : Yes/No
mst
To
1. The Special Commissioner and Commissioner
for Land Administration, Chepauk,
Chennai 600 005.
2. The District Collector of Coimbatore,
Coimbatore District.
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
3. The Tahsildar, Coimbatore (South) Taluk,
Coimbatore.
4. The Commissioner, the Corporation of Coimbatore,
Coimbatore.
5. The Commissioner of Police,
Office of the Commissioner of Police,
Gopalapuram, Coimbatore 641 018.
https://www.mhc.tn.gov.in/judis
W.ANo.1235 of 2015
D.KRISHNAKUMAR, J.
and
P. B.BALAJI, J.
mst
W.A.No.1235 of 2015
01.08.2023
https://www.mhc.tn.gov.in/judis
