The Government's actions must be in conformity with rational, relevant, and non-discriminatory standards or norms, and must serve the public interest. The Court can strike down executive orders if the reasons given are irrelevant and extraneous.

JUDGMENT

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents not to interfere with the petitioners peaceful possession and enjoyment of the property comprised in Survey No.574, now 574/2 of Sholinganallur Village and Taluk, previously Tambaram Taluk, Kancheepuram District measuring of an extent of 20 acres and morefully described in the schedule hereunder otherwise than due processes of law.

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, calling for the records of the proceedings of the 1st respondent dated 30.10.2014 in G.O.Ms.No.486 cancelling the earlier G.O.Ms.570 dated 05.09.2006 and quash the same.

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, calling for the records of the 1st respondent impugned G.O. No.486 dated 30.10.2014 and quash the same.)

Common Order

Facts of the case:

1. The present writ petitions are instituted questioning the validity of the Government Order issued in G.O.Ms.No.486 dated 30.10.2014, cancelling the earlier Government Order issued in G.O.Ms.No.570 dated 05.09.2006.

2. The writ petitioner Association is a registered association, serving for the welfare of the ex-servicemen, their families, pensioners, war widows, disabled persons and destitutes. The Government of Tamil Nadu allotted lands to an extent of 20 acres in Survey No.574, new survey No.574/2 at Sholinganallur Taluk, Kancheepuram District, vide G.O.Ms.No.570, dated 05.09.2006. At request of the petitioners to implement the beneficial government order, the lands were classified as “Natham”. The Tahsildar sent a letter on 29.05.2007 to the Chennai Metropolitan Development Authority seeking approval for the land. The Tahsildar sent a letter to the Deputy Director of the Tamil Nadu Ex- Servicemen Welfare Board, asking to confirm the credentials of 400 members of the petitioner association. There were internal disputes within the Association which resulted in filing of two separate writ petitions in the name of the Association.

3. There are allegations that the Association has created bogus membership list and submitted the same before the Assistant Director of Ex-Servicemen Welfare Board. The said bogus list was confirmed by the Assistant Director of the Board. Allegations and counter-allegations are raised between two sets of office bearers of the same Association in the present writ petitions. Though the relief sought for is to quash the Government Order issued in G.O.Ms.No.486 dated 30.10.2014, the petitioners have stated that there were several irregularities in the matter of admitting Membership for the association so as to avail the benefit of allotment of land in Sholinganallur Taluk. It is contended that Mr.R.S.Baskaran executed a deed of agreement illegally based on the bogus membership list and those who have signed the agreement are not eligible for land allotment. Mr.R.S.Baskaran has executed a deed of agreement of allotment in favour of the Civilians who all are not eligible to avail the benefit of the Government Order. Identity cards and discharge books were created and at the outset, it is stated in the writ petitions that fabricated documents were created.

4. In the first writ petition filed by the Association represented by its President D.Dhanabal, he has stated that the Association has been properly filing annual returns in accordance with the provisions of the Societies Registration Act. After a very long protracted representations, the Government allotted 20 acres of land in Sholinganallur Taluk to provide house sites to an extent of 2.5 cents to each one of 400 members by way of alternate site. The writ petitioners state that they were in physical possession of entire extent of 20 acres of land and therefore, the Government allotted the said land for the benefit of the members of the petitioner association