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2016 Supreme(Mad) 2264

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, J.
S.Janaki - Petitioner in
Vs
The Chairman & Managing Director, Tamil Nadu Housing Board, Chennai – Respondent
Writ Petition Nos.14438 of 2013 and 6768 of 2016
Decided on : 26-7-2016

Advocates:
Advocate Appeared:
For the Petitioner in WP.No.14438 of 2013 & Respondent-3 in WP.No.6768 of 2016: Mr.R.Bharanidharan
For the Petitioner: Mr.S.Thankasivan
For the Housing Board : Mr.B.Vivekavanan
For the CMDA : Mr.N.Sampath
For the Corporation : Mr.P.V.Selvakumar
For the Commissioner of Police : Mr. S.Diwakar, SGP

The court emphasized the importance of resolving land disputes and transferable development rights applications, and the authority's duty to make a speaking decision within a reasonable time.

Headnote:

Impersonation - Land Dispute - Criminal Investigation Department - Chennai Metropolitan Development Authority - Corporation of Chennai - Housing Board - Commissioner of Police - TDR - Private Pathway - Public Road - Transferable Development Rights - S.F.Nos.360/1, 361/2, 361/1 - Janaki Garden Arch - Mogappair - Old Survey Nos. 360/1 and 361/2 - present Survey Nos.360/1A1 and 361/2A1

Fact of the Case:

The court addressed a chequered history of the case involving earlier proceedings and doubts about the petitioners' bona fides. A criminal investigation was directed to determine impersonation and land usurpation, which found no impersonation by the petitioners.

Finding of the Court:

The court directed the Chennai Metropolitan Development Authority to consider the petitioners' applications for transferable development rights and private pathway dispute, involving S.F.Nos.360/1, 361/2, and 361/1, and ordered a speaking decision within three months.

Issues: Impersonation, Land Ownership, Transferable Development Rights, Private Pathway Dispute, Public Road Determination

Ratio Decidendi: The court found no impersonation by the petitioners and directed the Chennai Metropolitan Development Authority to consider the transferable development rights application and resolve the private pathway dispute.

Final Decision: The writ petitions were disposed of with directions to the Chennai Metropolitan Development Authority to consider the transferable development rights application and resolve the private pathway dispute within three months.

ORDER :

Heard Mr. S.Thankasivan and Mr.R.Bharanidharan, learned counsel appearing for the writ petitioners, Mr.B.Vivekavanan, learned Standing Counsel appearing for the Housing Board, Mr.N.Sampath, learned counsel appearing for the Chennai Metropolitan Development Authority, Mr.P.V. Selvakumar, learned counsel appearing for the Corporation and Mr.S. Diwakar, learned Special Government Pleader appearing for the Commissioner of Police.

2. This case had a chequered history on account of certain earlier proceedings, which occurred before this Court wherein this Court entertained a genuine doubt as regards the bona fides of the petitioners in prosecuting the litigation. This led to orders being passed from time to time in the writ petitions and ultimately, by order dated 20.4.2016, this Court directed the Crime Branch CID to investigate into the matter and submit a report with regard to the aspect as to whether there is a case of impersonation by the petitioners and as to whether there is an attempt to usurp the land owned by the Government.

3. The Deputy Superintendent of Police, CBCID, Metro-I, Chennai-8 conducted a thorough probe and submitted a detailed confidential report dated 16.6.2016. This Court has carefully gone through the report, from which, it is seen that the Investigating Officer, on thorough enquiry, found that there is no impersonation on the part of the writ petitioners namely Mrs. S.Janaki and Mrs.Cicilia Francis. This Court places on record its appreciation as to the effective manner, in which, the Deputy Superintendent of Police, CBCID Metro-I, Chennai-8 has taken steps and submitted his report. The report filed by the Deputy Superintendent of Police, CBCID, Metro-I, Chennai-8 along with the documents relied upon by the Investigating Officer shall form part of the record and no further orders are required on the said aspect and it is held that there is no case of impersonation on the part of the petitioners.

4. Having steered ourselves clear of this factual position, now it has to be seen as to what relief the petitioners are entitled in the writ petitions.

5. Mrs.Cicilia Francis - the petitioner in WP.No.6768 of 2016 - seeks a direction to the Chennai Metropolitan Development Authority to consider her application dated 18.12.2015 for grant of transferable development right (TDR) in proportion to her land measuring 2020 sq.m. in Old Survey Nos. 360/1 and 361/2 and present Survey Nos.360/1A1 and 361/2A1, Mogappair Village.

6. Mrs.Janaki - the petitioner in W.P.No.14438 of 2013 seeks a Writ of Prohibition to prohibit the officials from claiming any right over a pathway, which is claimed to be a private pathway in S.F.No.360/1, Mogappair Village, Ambattur Taluk or describing the same as their approach road and utilizing the same for obtaining approvals or building permit for any scheme in the said survey number or any other land or project and allowing their allottees or officials to enter upon and utilize the said land in any manner.

7. The reliefs sought for in both the writ petitions are not inconsistent with each other. In order to make things clear, this Court perused the rough sketch produced by the petitioner in W.P.No.6768 of 2016 - Mrs.Cicilia Francis in the additional typed set of papers, from which, it is seen that Mrs.Cicilia Francis retained ownership over the properties comprised in S.F. Nos.360/1 and 361/2, as she succeeded in the litigation initiated against the land acquisition proceedings. Her husband - Mr.Francis, who owned the properties in S.F.Nos.360/2, 361/1 and 363, was unsuccessful in the challenge and the Housing Board acquired the properties. In this litigation, this Court is concerned only with the properties in S.F.Nos.360/1, 361/2 and 361/1. The Housing Board had already constructed flats in S.F.No.361/1.

8. The attempt made by the petitioner in W.P.No.6768 of 2016 - Mrs.Cicilia Francis to seek re-conveyance of the said lands in S.F.No.360/1, as the legal heir of her husband - the said Franc
















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