P.MOHANAKRISHNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THESE writ petitions came to be posted on being specially ordered by the Hon'ble Chief Justice vide order dated 17.7.2012.

(2.) THE issues raised in all these four writ petitions are more or less identical, i.e., the petitioners were aggrieved by the orders of the first respondent State Government made in G.O.ms.No.222, Revenue Department, dated 6.7.2009. By the aforesaid order, the State Government had permitted transfer of lands to an extent of 0.11.0 hectares each for the construction of Assam Bhawan, Tripuram Bhawan, Orissa Bhawan and West Bengal Bhawan. It was stated in the said order that the District Collector, Kancheepuram by his communication, dated 11.2.2009 informed the Government that the lands to an extent of 1.02.0 hectares and an extent of 0.09.0 hectare in S.Nos.24 and 26 of Pallikaranai village, Tambaram Taluk, Kancheepuram District classified as wet land was inspected by the District Revenue Officer. The land was surrounded by 8 to 10 feet of water, grasses and water plants. It is situated near Tambaram Velacherry road adjacent to the residential area. The lands are eligible for construction only if the ground level is increased by gravel. There are no historical monuments, burial ground and temple and the said land was not registered under the Prohibitory Order Book. A-1 notice was also issued. There was no objection and no encroachment and no sub division was also made in the land. The Collector also informed that the land can be transferred at the rate of Rs.900.00 square feet as per the market value.

(3.) W .P.No.26560 of 2011 was filed by five petitioners led by one P.Mohanakrishnan, claiming that the official respondents should be restrained from interfering with the petitioners' peaceful possession and enjoyment of the property comprising in S.No.24 measuring 2.52 acres situated in Pallikarani village, Sholinganallur Taluk except by due process of law. That writ petition when it came up for admission on 18.11.2011, this court directed the learned Special Government Pleader to get instructions from the respondents. On 15.12.2011, an order of status quo for a period of two weeks was granted. On notice, on behalf of the Tahsildar, a counter affidavit, dated Nil (December, 2011) was filed. In the counter affidavit, it was asserted that the land in S.No.24 belonged to the State Government. The petitioners' contention that an assignment was given in favour of the petitioners' mother was denied and no such order was passed by the District Collector, Kancheepuram. Even the document bearing No.6476/2007, dated 23.8.2007 regarding partition of the land among the family members was also denied on the ground that it was a poramboke land belonged to the Government. The petitioners' mother got an ex parte decree against the Government in O.S.No.34/1997, dated 14.09.2001. The Government had taken steps to reopen the suit and the suit was dismissed on 1.7.2011. The land was allotted to the BHEL and two State Governments of Tirpura and Assam respectively. The petitioners have no right to apply for sub division of land. The land allotted to Assam Government was handed over to them on 19.2.2010 itself. The petitioners' prayer was based on lies and that the documents relied on were forged.