2024:MHC:2756 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.A.Nos.2805 & 2890 of 2021 and CMP.Nos.18470 & 19440 of 2021 W.A.No.2805 of 2021

1. The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai.

2. The District Collector, Kanchipuram, (Now, Chengalpattu District).

3. The Revenue Divisional Officer, Tambaram Division, Chengalpattu District.

4. The Government of Tamil Nadu, Represented by its Secretary to Government, Revenue Department, Fort St.George, Chennai - 09. ... Appellant Vs.

1. Seriya Pushpam, Represented by her Power of Attorney, M.Jayakumar.

2. The Chairman, Tamil Nadu Slum Clearance Board, Rajaji Salai, Chennai - 5. ... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 17.03.2021 passed in W.P.No.11836 of 2010.

For Appellants : Mr.A.Selvendran Special Government Pleader For R1 : Mr.V.Raghavachari Senior Counsel for Mrs.V.Srimathi For R2 : Mrs.K.Indumathy Standing Counsel for TNUHDB W.A.No.2890 of 2021 The Chairman, Tamil Nadu Slum Clearance Board, (Now renamed as Tamil Nadu Urban Habitat Development Board), Rajaji Salai, Chennai - 600 005. ... Appellant Vs.

1. Seriya Pushpam

2. The Special Commissioner and Commissioner for Land Administration, Chepauk, Chennai.

3. The District Collector, Kanchipuram District.

4. The Revenue Divisional Officer, Saidapet Taluk, Chengalpet District.

5. The Government of Tamil Nadu, Represented by the Secretary to Government, Revenue Department, Fort St.George, Chennai - 9. ... Respondents Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 17.03.2021 passed in W.P.No.11836 of 2010.

For Appellant : Mrs.G.Thilagavathy Senior Counsel for Mr.B.Balaji Standing Counsel for TNUHDB For R1 : Mr.V.Raghavachari Senior Counsel for V.Srimathi For R2 to R5 : Mr.A.Selvendran Special Government Pleader

C O M M O N J U D G M E N T

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.

The subject Government land involved in the present writ appeals situate in Survey Nos.523 and 524 of Perumbakkam Village, Saidapet Taluk, Chengalpattu District, which was said to be assigned in favour of the respondent/writ petitioner.

2. Admittedly, the subject land measuring to an extent of 5 acres are falling within the territorial limits of Chennai Metropolitan City. During the pendency of the writ petition, tenements were constructed by the Tamil Nadu Urban Habitat Development Board (in short "TNUHDB") and approximately 20,000 families are in occupation of their respective tenements in the subject property. The Perumbakkam Scheme was developed by TNUHDB to re- locate the encroachers in Chennai City. Several blocks are constructed and allotments are made to the eligible persons and in respect of the subject property measuring to an extent of 5 acres are concerned, 20,000 families are in occupation as of now.

3. The Scheme has been extended to 46.65 Hectares and several thousands of tenements are constructed.

4. The factual matrix reveals that by G.O.Ms.No.2736, Revenue Department, dated 02.09.1966, five acres of land in S.Nos.523 and 524, Perumbakkam Village, Saidapet Taluk, Chengalpattu District had been assigned in favour of one late Mr.V.Doss Peck husband of the respondent/Mrs.Seriya Pushpam, represented by her Power of Attorney Mr.M.Jayakumar. The assignment order issued by the Government would stipulate the condition that the assignee should spend a reasonable amount for reclamation of land so as to make it fit for cultivation. The deceased husband of the respondent/Mrs.Seriya Pushpam was in military service during the relevant point of time. He made a request for an assignment of land for irrigation purposes. Accordingly, the Government considered the request of late Mr.V.Doss Peck and assigned the subject land at free of cost for cultivation purposes. It is made clear in the Government Order that the cond