IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.08.2017 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26955 of 2004 And W.P.M.P.No.32829 of 2004 1.Mylee (Died) 2.Megala 3.R.Sampath 4.R.Mohan 5.Anjala 6.R.Raaja 7.Rani (P-2 to P-7 are substituted as LRS of deceased Petitioner Mylee, as per Order dated:27.11.2015 by P.S.N.,J. in WPMP.187/2013 in WP.26955/2004) ... Petitioners Vs.
1. The Superintending Engineer, Tamil Nadu Electricity Board, Mettur Electricity Distribution Circle, Mettur Dam, Salem District.
2. The Superintending Engineer, Tamil Nadu Electricity Board, Mettur Work Shop Circle, Mettur Dam, Salem District.
3. The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002.
4. The State of Tamil Nadu rep. by its Secretary to Government, Public Works Department, Fort St.George, Chennai – 600 009. ... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to execute the sale deed of the house bearing Door No.23, 'E' Block, Coolie Line, Mettur Dam -1, Salem district to the petitioner as per the orders of the Government in G.O.Ms.No.2084, Public Works Department, dated 10.06.1954 and the Board proceedings in BPMS (CH) No.227 dated 16.04.1985 on the file of the 3rd respondent.
For Petitioner : Mr.V.Elangovan For Respondents : Mr.S.K.Rameshwar for R1 to R3 Standing Counsel for TNEB Mr.A.Zakir Hussain for R4 Government Advocate O R D E R The petitioner has filed this writ petition seeking issuance of Mandamus directing the second respondent to execute the sale deed of the house bearing Door No.23, 'E' Block, Coolie Line, Mettur Dam -1, Salem District, to the petitioner as per the orders of the Government in G.O.Ms.No.2084, Public Works Department, dated 10.06.1954 and the Board proceedings in BPMS (CH) No.227, dated 16.04.1985 on the file of the third respondent.
2. The case of the petitioners is that when the Mettur Dam was constructed during 1925 to 1930, vast lands were acquired for Mettur Dam construction purposes and during the construction of Mettur Dam, the workers who took part in the construction work were permitted to put thatched shed in the lands belonging to the respondent Board. The first petitioner is the wife of one Raman and her father-in-law was engaged in the construction work and has occupied a site bearing Door No.23, 'E' Block, Coolie Line, Mettur Dam, for which the respondent Board had fixed a rent of Rs.1.56 per month and after the death of her father in law, her husband was in occupation and after his death, she was in occupation.
3. During the year 1953, the respondent Board required orders from the Government of Tamil Nadu regarding regularization of the unauthorized occupation of the lands. Hence, on 29.12.1953, a joint meeting was conducted by the Secretary to Public Works Department and an order was passed in G.O.Ms.No.2084, Public Works Department, dated 10.06.1954, stating that if the persons who are in occupation of the huts are willing to purchase the site, they may be sold to them at the rate of Rs.75 for coolie huts, Rs.175/- for fitter mates and Rs.175/- for peon quarters, however, the said order was not given effect to.
4. Thereafter, on 20.04.1972, the respondent Board issued order in BPMS No.807 approving to sell the huts in the coolie line to the occupants at the rate of Rs.75/-. The Secretary to the Board wrote to the Chief Engineer to implement the orders dated 20.04.1972, but the first respondent executed the sale deed only for certain persons during the year 1976. Thereafter, on 16.04.1985, the third respondent also in his BPMS (CH) No.227, directed the respondents 1 and 2 to sell the coolie huts and fitter mates for the balance persons, subject to production of an occupancy certificate from the Tahsildar. Though the first petitioner fulfilled all the requirements, sale deed was not executed in her favour. In this regard, the first petitioner has also made a representation to the Chairman of the respondent Board on 11.08.1992. Since no action was taken, the first petitioner filed this writ petition and since she has died, petitioners 2 to 7 who are the legal heirs of the first petitioner have been brought on record.
5. Though the petitioners have sought for a larger relief, the learned counsel appearing for the petitioners, at the time of advancing arguments submits that it would suffice, if this Court directs the second respondent to dispose of the representation made by the first petitioner dated 11.08.1992.
6. Heard both sides.
7. Considering the limited purpose, I am inclined to pass orders by directing the second respondent to dispose of the representation dated 11.08.1992, within a period of four months from the date of receipt of a copy of this order. The petitioners 2 to 7 are permitted to send a fresh representation along with copy of the earlier representation and other relevant materials, to the respondent Board, to enable the respondent Board to consider the same, within a period of two weeks from the date of receipt of a copy of this order.
8. The writ petition is disposed of in the above terms. No costs.
Consequently, the connected miscellaneous petition is also closed.
04.08.2017 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No M.DHANDAPANI,J.
pri To
1. The Superintending Engineer, Tamil Nadu Electricity Board, Mettur Electricity Distribution Circle, Mettur Dam, Salem District.
2. The Superintending Engineer, Tamil Nadu Electricity Board, Mettur Work Shop Circle, Mettur Dam, Salem District.
3. The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002.
4. The State of Tamil Nadu rep. by its Secretary to Government, Public Works Department, Fort St.George, Chennai – 600 009.
W.P.No.26955 of 2004 And W.P.M.P.No.32829 of 2004 04.08.2017