Licencees running cattle sheds on Madhavaram Milk Colony land challenged a direction to vacate against compensation after the land was acquired for Chennai Metro Rail Phase-II. The Court held licencees have no vested right or right to dictate choice of alternative site and dismissed the writ petitions.
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W.P.Nos.33685, 33424, 33860, 33688 and 33717 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.Nos.33685, 33424, 33860, 33688 and 33717 of 2024 and W.M.P.Nos.36468, 36209, 36673, 36470 and 36507 of 2024
C.H.Kishore ... Petitioner in W.P.No.33685/2024 P.Vijayakumar ... Petitioner in W.P.No.33860/2024 P.R.Annamalai ... Petitioner in W.P.No.33717/2024 K.P.Vanaja ... Petitioner in W.P.No.33424/2024 N.Jayaraman ... Petitioner in W.P.No.33688/2024 vs.
1.The Director, Tamilnadu University of Veterinary and Animal Science, Madhavaram Milk Colony, Chennai 600 051.
2.The Commissioner, Dairy Development Department, Madhavaram Milk Colony, Chennai 600 051. ... Respondents (in all WPs)
COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, call for the records relating to the impugned Letter No.4218/T/ka.vu.ka.mi/2024, dated 30.09.2024 issued by the 1 st respondent and quash the same and consequently direct the 1 st Respondent consider the Petitioners representation dated 12.09.2024 and thereby provide alternate
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accommodation to the petitioners.
| For Petitioners | : Mr.P.Babu (in all WPs) |
|---|---|
| For R1 | : Mr.S.Vijayakumar Senior Advocate for M/s.J.Melwin Jabaz (in all WPs) |
| For R2 | : Mr.V.Jeevagiridharan Additional Government Pleader (in all WPs) |
C O M M O N O R D E R
These Writ Petitions are filed challenging the impugned letter issued
by the 1st respondent in Letter No.4218/T/ka.vu.ka.mi/2024, dated 30.09.2024 d irecting the petitioners to receive compensation fixed for the petitioners for vacating the subject property and to vacate and handover possession of the subject property to the 1st respondent.
cows in the subject land belongs to the 1st respondent in Chennai city. Under the arrangement between the petitioners and the 2nd respondent, they have been given licence to put up cattle sheds for keeping their cattle in the subject land located in Madhavaram Milk Colony, Madhavaram, Chennai. The Milks produced by the petitioners were procured by the Diary Development Department and the cash payable on that account will be paid to the petitioners after deducting the licence fee/rent. The Government of
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Tamil Nadu transferred this Madhavaram Government Diary Farm, Cattle Colony and the fodder farm from the control of the 2nd respondent to 1st respondent. The 2nd respondent was allowed to retain the residential quarters and the cow sheds were brought under the control of the 1st respondent. Therefore, the petitioners in their capacity as License Holders have been enjoying the cow sheds and have been supplying milk to the 1st respondent. The petitioners received notice on 20.02.2023 from the 1st respondent that they should vacate the subject land wherein the cow sheds were standing. The said notice was challenged before this Court in W.P.No.19798 of 2023. The said writ petition was disposed of with a direction to the 1st respondent to consider the request of the petitioner for allotment of alternative land, in case there are vacant lands available with 1st respondent. Thereafter, the petitioners sent a representation to the respondents. However, the respondents without properly considering the same, issued impugned letter to the petitioners directing them to vacate premises and handover possession. Aggrieved by the same, the petitioners have come before this Court.
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came to the knowledge of the petitioners that there are vacant lands available with the petitioners in Survey Nos.269, 272, 273, 274, 275, 276, 277, 278 and 224 to 241 in Madhavaram Milk Colony, Madhavaram Taluk, Thiruvallur District. The petitioners without considering allotment of said vacant lands as alternative sites to the petitioners, issued the impugned letter. Therefore, the same is in violation of the earlier direction issued by this Court.
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following order:-
“5. The petitioners being the licencees, cannot over insist in staying where they are staying. But at the same time, if there are vacant lands available under the control of the first respondent, then their case may be considered, but at all times within the framework of law.”
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work. The petitioners are only licencees under the 1st respondent and they have no vested interest to insist continuation of their occupation. In fact, as per the direction issued by this Court, the request of the petitioners were considered and they were offered an alternative land by the 1st respondent, but the same has not been accepted by the petitioners.
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are violated by the impugned letter dated 30.09.2024 issued by the 1st respondent and the 1st respondent is not under any legal obligation to offer the land selected by the petitioners as an alternative site.
and accordingly, the Writ Petitions are dismissed. No costs. Consequently, the connected writ miscellaneous petitions are closed.
03.12.2024
Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm
To
1.The Director, Tamilnadu University of Veterinary and Animal Science, Madhavaram Milk Colony, Chennai 600 051.
2.The Commissioner, Dairy Development Department, Madhavaram Milk Colony, Chennai 600 051.
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S.SOUNTHAR, J.
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W.P.Nos.33685, 33424, 33860, 33688 and 33717 of 2024
03.12.2024
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2 issues framed by the court
Whether licencees occupying cow sheds could insist on a particular alternative site when the land was required for Metro Rail development.
Whether the impugned letter directing vacation against compensation violated earlier directions of the Court.
1 provisions across 1 enactments
C.H.Kishore
P.Vijayakumar
P.R.Annamalai
K.P.Vanaja
N.Jayaraman
The Director, Tamilnadu University of Veterinary and Animal Science
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
