Petitioner challenged an order transferring government land for a Sub-Registrar office via writ petition. Quashing was denied as land is government property, no public objections were raised, and petitioner has no legal injury.
Writ petition dismissed; connected miscellaneous petitions closed; no costs.
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W.P.(MD)No.7293 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2020 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7293 of 2020 and W.M.P(MD)Nos.6748 & 6749 of 2020
Fr.I.Amalan, Parish Priest, Pudukottai Parsh, Thoothukudi District. Through his Authorised Agent G.Selvaraj ... Petitioner Vs. 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Sub Collector, Thoothukudi District, Thoothukudi. 3.The Thasildar, Thoothukudi District, Thoothukudi. 4.The District Registrar (Admin) Registration Department, Thoothukudi District, Thoothukudi. 5.The Sub Registrar, Pudukottai Sub Registrar Office, Pudukottai, Thoothukudi District. 6.The Chief Engineer (Building) Public Works Department, Chennai. 7.Mr.Anthony Michael, S/o. Savarimuthu Nadar, Sirupadu Savariyarpuram, Pudukottai, Thoothukudi District. ... Respondents
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(7th respondent impleaded as per order of this Court, dated 04.09.2020)
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order made in Na.Ka.D3/31771/2014 passed by the first respondent dated 20.02.2020 and quash the same as illegal.
For Petitioner : Mr.V.Meenakshi Sundaram For Mr.P.R.Prithviraj For R-1 to R-3 : Mr.M.Rajarajan Additional Government Pleader For R-4 & R-5 : Mr.K.Sathiyasingh
Additional Government Pleader
For R-7 : Mr.M.Mahaboob Athiff for Ajmal Associates
O R D E R
Mr.Anthony Michael, S/o. Savarimuthu Nadar, Sirupadu Savariyarpuram, Pudukottai, Thoothukudi District, is suo-motu impleaded as seventh respondent in this writ petition. Registry is directed to make necessary changes in the cause title.
3.This order has been put to challenge in this writ
petition.
4.The learned counsel appearing for the writ petitioner states that earlier the District Collector had passed an order, dated 25.11.2017, directing the construction of very same SubRegistrar Office at Mudivaithanenthal Village in Survey No.1567A/1 and that there is absolutely no justification for rescinding the said order and for choosing the site in question. According to him, the site in question has been classified as 'Grama Natham' in the revenue records. The revenue record indicates that the existence of a water tank as well as blocks of school buildings constructed in the said land.
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7.The learned counsel also strongly contested the factual correctness of the findings rendered in W.P.(MD) No.3657 of 2020. He reiterated the contentions set out in the affidavit filed in support of this petition. According to him, the Church is ready to offer an alternative site where the proposed construction can come up.
9.The learned counsel appearing for the impleaded seventh respondent put up a spirited defence in support of the order impugned in the writ petition.
11.The Hon'ble Division Bench of this Court, vide order dated 16.03.2020 in W.P(MD) No.3657 of 2020 had given a categorical finding that Survey No.320/4 is a Government property. The petitioner's counsel may at liberty to contend that the order of the Hon'ble Division Bench is factually erroneous, but then, judicial discipline demands that I go by the findings of the Hon'ble Division Bench. I have to necessarily to proceed on the basis that the land comprised in Survey No.320/4 is a Government property.
12.When it is a Government property, it is absolutely open to the authorities to put up construction on the said Government property.
https://hcservices.ecourts.gov.in/hcservices/ 13. The proposed construction is going to come up within
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the aforesaid four boundaries. That apart, there is yet another order dated 02.03.2020 made in W.P.(MD)No.2524 of 2020. The impleaded seventh respondent was the writ petitioner therein. He wanted the District Collector to construct the Pudukkotai Sub Registrar Office only at Kumaragiri Village and not elsewhere. When the writ petition was taken up for hearing, the learned Government Advocate submitted that the District Collector had decided to retain Pudukkottai Sub-Registrar Office at Kumaragiri Village, Tuticorin District. Recording the said contention, the writ petition was dismissed as infructuous.
14.The petitioner herein challenges the order impugned in the writ petition as unreasonable and violative of the petitioner's civil rights. I am afraid that both these contentions will not lie in view of the Division Bench decision referred to above. The petitioner states that one more public hearing should be accorded. In fact, in the impugned order, it is mentioned that before taking the impugned decision, public notification was made, but then, no objection was received in response thereto. Inasmuch as the construction is to come up only on a Government property. The petitioner cannot claim any legal injury as such. I find no ground to interfere.
15.The writ petition stands dismissed, accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
rm
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To:
1.The District Collector, Thoothukudi District, Thoothukudi.
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W.P.(MD)No.7293 of 2020
2.The Sub Collector, Thoothukudi District, Thoothukudi.
3.The Thasildar, Thoothukudi District, Thoothukudi.
4.The District Registrar (Admin) Registration Department, Thoothukudi District, Thoothukudi.
5.The Sub Registrar, Pudukottai Sub Registrar Office, Pudukottai, Thoothukudi District.
6.The Chief Engineer (Building) Public Works Department, Chennai.
+1 CC to M/s.Special Government Pleader( SR-16073[F] dated 07/09/2020 )
W.P.(MD)No.7293 of 2020
04.09.2020
KB(10.09.2020) 5P 8C
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2 issues framed by the court
Whether the High Court can interfere with the District Collector's order transferring government land for a Sub-Registrar office when no public objection was received.
Whether the petitioner suffers a legal injury given the land in question is classified as government property.
Fr.I.Amalan
The District Collector, Thoothukudi District
The Sub Collector, Thoothukudi District
The Thasildar, Thoothukudi District
The District Registrar (Admin)
The Sub Registrar, Pudukottai
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
