K S PALANIAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the owner of the property comprised in S.No.88/9B measuring to an extent of 2,400 sq.ft. and in Old Patta No.165, New Patta No.2020, situated at Ganapathy Second Street, Avvai Nagar, Thiruvanmiyur, Chennai - 600 041. The petitioner submits that the Tamil Nadu Housing Board has initiated acquisition proceedings by passing G.O.Ms.No.65, dated 15.03.1971 acquiring large extent of lands in Thiruvanmiyur to form Thiruvanmiyur Neighbourhood and in the said Land Acquisition Proceedings, the petitioner's lands were also acquired under the same. Various writ petitions have been filed before this Court, challenging the above acquisition and the petitioner herein had challenged the acquisition of their lands by filing writ petition before this Court in W.P.No.12957 of 1986 and the same was allowed by this Court on 11.10.1991 along with the batch of cases by quashing the Land Acquisition Proceedings. The petitioner further submits that from the date of purchase, the petitioner is in possession of the property continuously and uninterruptedly without anybody interfering whatsoever till date and the old buildings which were in existence has fallen down due to the dilapidated condition since they are very old and now the property is lying vacant for the past few years. The petitioner further submits that after the Land Acquisition Proceedings were quashed, the Government has not filed any appeal against that order in time nor any notice has been served on him or received by him from any Court or no notice of any acquisition proceedings ever received by him after the quashing of the Land Acquisition Proceedings till date.

(2.) THE petitioner further submits that one Mr.N.Rangasamy is looking after his property. On 25.07.2013, he has removed the bushes and thorns in the property and cleaned the site by using a JCB and he has purchased pillars and barbed wires and stored it in the property for the purpose of putting up a fence since public are using the property by storing the unwanted items by throwing it into the property haphazardly. All of a sudden on 28.07.2013, the fourth respondent herein sent his hooligans to their property and attempted to trespass the same with the help of accomplices by removing the pillars and barbed wires without any semblance of right or wrong. On coming to know of the attempt, he went to the property and questioned the persons gathered there as to what business for them to enter into their property without his permission. By that time, they have replied in harsh words and claimed that the fourth respondent has purchased the property and they came to measure the property on behalf of him. When he questioned them how could he has purchased their property without their knowledge and consent, they started to threaten him with dire consequences saying blood would flow if he would not go out of the place. Since he went alone fearing for his life, he left the place. Again on 29.07.2013, on receipt of information from the neighbour, he went to the place and found lot of hooligans employed by the fourth respondent who were assembled in their place and on enquiry, they threatened him to do away with his life if he interfered and questioned them. Hence, he had preferred a complaint on 31.07.2013 before Thiruvanmiyur Police, after collecting information about the persons and the same was received by the Police in C.S.R.No.297/J6PS/2013 and they issued receipt to him. The petitioner further submits that the Police Authorities has called upon the fourth respondent herein and enquired about the matter by that time, the fourth respondent claimed orally that he has purchased the property from the Housing Board without furnishing any details or records. Mr.R.Rangasamy produced all their documents, patta, High Court Order to substantiate their claim. By that time, the fourth respondent collected their title documents copy and promised the Police Authorities that he would furnish his records and informed them that he would not disturb their possession. Thereafter, the fourth respondent did not turn down.

(3.) THE petitioner further submits that on 29.11.2013 suddenly, the fourth respondent came to the site again by claiming that he is having a High Court order to put up a fence. Immediately, the petitioner lodged a complaint to the Police Authorities by the time, he produced the affidavit copy filed by him and claiming that this Court granted interim order and promised to produce order copy on following Monday. Immediately, on seeking the affidavit, they fond that he has suppressed the material facts and moved the above writ petition on 29.11.2013 by way of Lunch motion by suppressing the various instances that took place and the pendency of the Police complaint against them by impleading wrong persons without impleading them and who are proper parties and obtained interim order by making allegations against the Police Authorities and attempted to trespass again on 29.11.2013 at about 8 p.m. with hooligans armed with the help of interim order. Hence, the petitioner was constrained to file an impleading petition to implead themselves as party respondent in the writ petition as well as in the miscellaneous petition and to state their case without impleading them and hearing them to any orders passed in the writ petition would affect them and great prejudice will be caused against them which cannot be compensated by any means. Hence, he has filed a Writ Appeal against the interim orders granted in favour of the fourth respondent in W.P.No.2481 of 2013 before the Division Bench and obtained stay of the operation of the interim order granted in W.P.No.32879 of 2013 and the same is pending. In the mean time, he has approached the Housing Board by seeking information under the RTI Act to clarify the claim of the fourth respondent. In response to the RTI query, he came to understand to his shock that a fraud has been employed by the Officers of the Tamil Nadu Housing Board in knocking down his valuable property without any proper and legal proceedings and without any notice and allotted the property by way of private negotiation under discretionary quota to fourth respondent. Immediately, he has collected information to set -aside the sale. On getting information from the Housing Board Officials that he is collecting information and documents to set -aside the illegal sale made by the Housing Board in favour of the fourth respondent, the fourth respondent clandestinely filed the above stated writ petition in W.P.No.32879 of 2013 and attempted to take possession of the property illegally. They have also taken steps to set -aside the fraudulent sale executed by Housing Board in favour of fourth respondent without awarding any compensation or issuing any notice to them and thereby a fraud has been employed.