High Court · 2024

W.P. No. 6468 of 2020IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 04.01.2024CORAMTHE HON'BLE MR.JUSTICE S. VAIDYANATHANANDTHE HON'BLE MR. JUSTICE K. RAJASEKARW.P. No. 6468 of 2020&W.M.P.No. 7649 of 2020M/s. Sun Pharmaceutical Industries Ltd.,Head Office atACME Plaza, Andheri -Kurla Road,Opposite Sangam Cinema,Andheri (East), Mumbai – 400059rep. by its Authorised Signatory,Mr. Jothy Sankar..PetitionerVs.1.The Government of Tamil Nadu,rep. by its Secretary,Revenue Department,Fort St. George, Chennai – 9.2.The Government of Tamil Nadu,rep. by its Secretary,Public Works Department,Revenue Department,Fort St. George, Chennai – 9.1\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 20203.The Collector,Kancheepuram District,Thaiyar Kullam,Kancheepuram – 631 501.4.The Thasildhar,Alandur Taluk. ..RespondentsPrayer:Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct respondents 3 & 4 to pass appropriate directions on the petitioner's representations dated 21.02.2018 and 06.03.218 which were made as per the orders of this Hon'ble Court in W.P. No. 33536/2017 dated 22.12.2017.For Petitioner::Mr.S. VenkatesanFor Respondents::Mr.A. Selvendran,Special Govt. Pleaderfor R1 to R4O R D E R(Made by S. Vaidyanathan,J.)The writ petition is filed for issue of a Writ of Mandamus to direct respondents 3 & 4 to pass appropriate directions on the petitioner's representations dated 21.02.2018 and 06.03.218 which were made as per the orders of this Hon'ble Court in W.P. No. 33536/2017 dated 22.12.2017.2\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 20202.The petitioner is a pharmaceutical company engaged in the manufacturing of pharmaceutical products and also involved in the business of trading of pharmaceutical products for several years earning good reputation and goodwill. The petitioner purchased 27.32 acrs of land in a village called Gerugambakkam, Kancheepuram District bearing Patta No. 445 through various sale deed in the year 2007 and has been in possession and enjoyment of the same since then without any hindrance from the date of purchase. While so, according to the petitioner, on 04.12.2017, respondents 3 and 4 along with some officials of the 2nd respondent, without any prior notice started demolishing the compound wall of the premises of the petitioner, wherein the godown of the petitioner company was located. Though the petitioner objected to the same and produced documents to prove its ownership, the officials were not prepared to look into the documents produced by the petitioner and the demolition was carried on. Therefore, the petitioner filed W.P. No. 33536 of 2017, which was disposed of by order dated 22.12.2017 directing the petitioner to submit representations along with documents to prove its possession and title and 3\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020the respondents therein were directed to pass orders and communicate the same to the petitioner. However, according to the petitioner, the representations are yet to be disposed of and further, on 22.01.2020, the respondents started demolishing the compound wall. Hence, the present writ petition.3.On 17.03.2020, this Court, on finding that no information was forthcoming with regard to the disposal of the petitioner's representation, thought it fit to prohibit the respondents from proceeding with further action and ordered status quo to be maintined until further orders. The respondents were also directed to verify whether the representation of the petitioner had been disposed of or not.4.Thereafter, a counter affidavit has been filed on behalf of the respondents stating that since the land comprised in Survey No.759 classified as river poramboke continues to be under the encroachment of the petitioner by way of compound wall, it had become imperative to remove the same, in order to prevent flooding of the downstream areas of Adyar River 4\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020and a notice was issued asking the petitioner to appear for a personal enquiry on 21.04.2023. It is further stated that the petitioner sought time to produce the original documents and also to have consultation with the higher level authorities. As regards the issue of taking back the Government land erroneously occupied by the petitioner, on 13.07.2023, a petition had been given on behalf of the petitioner stating that they would co-operate with Government officials to hand over the possession of the Government land in Survey No. 759 lying on the south side of the petitioner's premises. Since the petitioner assured to co-operate with the Government officials to handover the possession of the Government land, the earlier representation of the petitioner was rejected by proceedings in Na. Ka. No. 1517/2023/B1 dated 04.08.2023 and the Assistant Engineer, Public Works Department (WRO), Adyar Irrigation Section, St. Thomas Mount, Chennai – 16 was requested to proceed further for the removal of the encroachment by way of compound wall in the land comprised in Survey No. 759, which is classified as river poramboke by pursuing further action consequent on the form I and II notices issued by the 4th respondent in Lr.Na.Ka.No. 1517/2023/B1 dated 10.04.2023. A copy of the proceedings dated 04.08.2023 rejecting the 5\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020earlier representation of the petitioner has been produced before this Court by the learned Special Government Pleader for the respondents and the relevant portion of the said proceedings is extracted hereunder:@,e;j epiyapy;. nkw;go epWtdj;jpduhy; 13/07/2023 njjpapl;l fPH;f;fz;l thrf';fs; ml';fpa fojk; mspf;fg;gl;Ls;sJ/"Referring above letter dated 18.04.2023 and further enquiry held on 21.04.2023 and 06.07.2023 at your good office seeking documents of our land with survey number 759.On enquiry we have been intimated that a portion of government ladn with Survey Number 759 is located within our boundary wall.We assure that we would cooperate with government official to handover the possession of government land with survey number 759 lying on the south side of our premises, if located within our boundary wall.",e;neh;tpy; upl; kDjhuh; epWtdj;jpduJ 13/07/2023 njjpa fojj;jpd;go g[y vz;/759 ? ,y; cs;s muR g[wk;nghf;F epyj;jpid. muR trk; xg;gilg;gjhf mth;fshy; bjhptpf;fg;gl;Ls;sJ/ ,e;epiyapy; upl; kDjhuh; epWtdj;jpduJ nfhhpf;if epuhfhpj;J cj;jputplg;gLfpwJ/ vdnt. bfUfk;ghf;fk; fpuhkk; Ttk; MW g[wk;nghf;F g[y vz; 759y; nkw;go epWtdj;jpduh; fhk;gt[z;l; Rth; K:yk; Vw;gLj;jp cs;s Mf;ukzj;ij mfw;w Vw;fdnt ,t;tYtyf e/f/ vz;/1517-2023 M1/ ehs;/10/04/2023 fojj;Jld; 6\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020,izj;J mDg;gg;gl;Ls;s gotk; 1 kw;Wk; 2?d; goahd tpgu';fspd; mog;gilapy; mfw;w eltof;if vLf;FkhW g[dpj jhk!;kiy. MilahW ghrd gpupt[. ePh;ts Mjhuj;Jiw cjtp bghwpahsh; nfl;Lf;bfhs;sg;gLfpwhh;/@5.In the light of the proceedings dated 04.08.2023 extracted supra, without expressing any opinion on the factual and legal aspects, the writ petition stands disposed of. If the petitioner is aggrieved by the proceedings dated 04.08.2023, it is open to them to challenge the same. No costs. Connected W.M.P. is closed.(S.V.N.J.) (K.R.S.J.)nv 04.01.2024To1.The Secretary,Government of Tamil NaduRevenue Department,Fort St. George, Chennai – 9.2.The Government of Tamil Nadu,rep. by its Secretary,Public Works Department,Revenue Department,Fort St. George, Chennai – 9.S. VAIDYANATHAN,J.AND7\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020K. RAJASEKAR,J.nv3.The Collector,Kancheepuram District,Thaiyar Kullam,Kancheepuram – 631 501.4.The Thasildhar,Alandur Taluk.W.P. No. 6468 of 202004.01.2024 8\8

W.P. No. 6468 of 2020IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 04.01.2024CORAMTHE HON'BLE MR.JUSTICE S. VAIDYANATHANANDTHE HON'BLE MR. JUSTICE K. RAJASEKARW.P. No. 6468 of 2020&W.M.P.No. 7649 of 2020M/s. Sun Pharmaceutical Industries Ltd.,Head Office atACME Plaza, Andheri -Kurla Road,Opposite Sangam Cinema,Andheri (East), Mumbai – 400059rep. by its Authorised Signatory,Mr. Jothy Sankar..PetitionerVs.1.The Government of Tamil Nadu,rep. by its Secretary,Revenue Department,Fort St. George, Chennai – 9.2.The Government of Tamil Nadu,rep. by its Secretary,Public Works Department,Revenue Department,Fort St. George, Chennai – 9.1\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 20203.The Collector,Kancheepuram District,Thaiyar Kullam,Kancheepuram – 631 501.4.The Thasildhar,Alandur Taluk. ..RespondentsPrayer:Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct respondents 3 & 4 to pass appropriate directions on the petitioner's representations dated 21.02.2018 and 06.03.218 which were made as per the orders of this Hon'ble Court in W.P. No. 33536/2017 dated 22.12.2017.For Petitioner::Mr.S. VenkatesanFor Respondents::Mr.A. Selvendran,Special Govt. Pleaderfor R1 to R4O R D E R(Made by S. Vaidyanathan,J.)The writ petition is filed for issue of a Writ of Mandamus to direct respondents 3 & 4 to pass appropriate directions on the petitioner's representations dated 21.02.2018 and 06.03.218 which were made as per the orders of this Hon'ble Court in W.P. No. 33536/2017 dated 22.12.2017.2\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 20202.The petitioner is a pharmaceutical company engaged in the manufacturing of pharmaceutical products and also involved in the business of trading of pharmaceutical products for several years earning good reputation and goodwill. The petitioner purchased 27.32 acrs of land in a village called Gerugambakkam, Kancheepuram District bearing Patta No. 445 through various sale deed in the year 2007 and has been in possession and enjoyment of the same since then without any hindrance from the date of purchase. While so, according to the petitioner, on 04.12.2017, respondents 3 and 4 along with some officials of the 2nd respondent, without any prior notice started demolishing the compound wall of the premises of the petitioner, wherein the godown of the petitioner company was located. Though the petitioner objected to the same and produced documents to prove its ownership, the officials were not prepared to look into the documents produced by the petitioner and the demolition was carried on. Therefore, the petitioner filed W.P. No. 33536 of 2017, which was disposed of by order dated 22.12.2017 directing the petitioner to submit representations along with documents to prove its possession and title and 3\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020the respondents therein were directed to pass orders and communicate the same to the petitioner. However, according to the petitioner, the representations are yet to be disposed of and further, on 22.01.2020, the respondents started demolishing the compound wall. Hence, the present writ petition.3.On 17.03.2020, this Court, on finding that no information was forthcoming with regard to the disposal of the petitioner's representation, thought it fit to prohibit the respondents from proceeding with further action and ordered status quo to be maintined until further orders. The respondents were also directed to verify whether the representation of the petitioner had been disposed of or not.4.Thereafter, a counter affidavit has been filed on behalf of the respondents stating that since the land comprised in Survey No.759 classified as river poramboke continues to be under the encroachment of the petitioner by way of compound wall, it had become imperative to remove the same, in order to prevent flooding of the downstream areas of Adyar River 4\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020and a notice was issued asking the petitioner to appear for a personal enquiry on 21.04.2023. It is further stated that the petitioner sought time to produce the original documents and also to have consultation with the higher level authorities. As regards the issue of taking back the Government land erroneously occupied by the petitioner, on 13.07.2023, a petition had been given on behalf of the petitioner stating that they would co-operate with Government officials to hand over the possession of the Government land in Survey No. 759 lying on the south side of the petitioner's premises. Since the petitioner assured to co-operate with the Government officials to handover the possession of the Government land, the earlier representation of the petitioner was rejected by proceedings in Na. Ka. No. 1517/2023/B1 dated 04.08.2023 and the Assistant Engineer, Public Works Department (WRO), Adyar Irrigation Section, St. Thomas Mount, Chennai – 16 was requested to proceed further for the removal of the encroachment by way of compound wall in the land comprised in Survey No. 759, which is classified as river poramboke by pursuing further action consequent on the form I and II notices issued by the 4th respondent in Lr.Na.Ka.No. 1517/2023/B1 dated 10.04.2023. A copy of the proceedings dated 04.08.2023 rejecting the 5\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020earlier representation of the petitioner has been produced before this Court by the learned Special Government Pleader for the respondents and the relevant portion of the said proceedings is extracted hereunder:@,e;j epiyapy;. nkw;go epWtdj;jpduhy; 13/07/2023 njjpapl;l fPH;f;fz;l thrf';fs; ml';fpa fojk; mspf;fg;gl;Ls;sJ/"Referring above letter dated 18.04.2023 and further enquiry held on 21.04.2023 and 06.07.2023 at your good office seeking documents of our land with survey number 759.On enquiry we have been intimated that a portion of government ladn with Survey Number 759 is located within our boundary wall.We assure that we would cooperate with government official to handover the possession of government land with survey number 759 lying on the south side of our premises, if located within our boundary wall.",e;neh;tpy; upl; kDjhuh; epWtdj;jpduJ 13/07/2023 njjpa fojj;jpd;go g[y vz;/759 ? ,y; cs;s muR g[wk;nghf;F epyj;jpid. muR trk; xg;gilg;gjhf mth;fshy; bjhptpf;fg;gl;Ls;sJ/ ,e;epiyapy; upl; kDjhuh; epWtdj;jpduJ nfhhpf;if epuhfhpj;J cj;jputplg;gLfpwJ/ vdnt. bfUfk;ghf;fk; fpuhkk; Ttk; MW g[wk;nghf;F g[y vz; 759y; nkw;go epWtdj;jpduh; fhk;gt[z;l; Rth; K:yk; Vw;gLj;jp cs;s Mf;ukzj;ij mfw;w Vw;fdnt ,t;tYtyf e/f/ vz;/1517-2023 M1/ ehs;/10/04/2023 fojj;Jld; 6\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020,izj;J mDg;gg;gl;Ls;s gotk; 1 kw;Wk; 2?d; goahd tpgu';fspd; mog;gilapy; mfw;w eltof;if vLf;FkhW g[dpj jhk!;kiy. MilahW ghrd gpupt[. ePh;ts Mjhuj;Jiw cjtp bghwpahsh; nfl;Lf;bfhs;sg;gLfpwhh;/@5.In the light of the proceedings dated 04.08.2023 extracted supra, without expressing any opinion on the factual and legal aspects, the writ petition stands disposed of. If the petitioner is aggrieved by the proceedings dated 04.08.2023, it is open to them to challenge the same. No costs. Connected W.M.P. is closed.(S.V.N.J.) (K.R.S.J.)nv 04.01.2024To1.The Secretary,Government of Tamil NaduRevenue Department,Fort St. George, Chennai – 9.2.The Government of Tamil Nadu,rep. by its Secretary,Public Works Department,Revenue Department,Fort St. George, Chennai – 9.S. VAIDYANATHAN,J.AND7\8 https://www.mhc.tn.gov.in/judis W.P. No. 6468 of 2020K. RAJASEKAR,J.nv3.The Collector,Kancheepuram District,Thaiyar Kullam,Kancheepuram – 631 501.4.The Thasildhar,Alandur Taluk.W.P. No. 6468 of 202004.01.2024 8\8