The Madras High Court has dismissed petitions challenging a G.O. of July 2009 by which the State government permitted transfer of land to an extent of 0.11 hectares each for the construction of Assam Bhawan, Tripura Bhawan, Orissa Bhawan and West Bengal Bhawan at Pallikaranai in Kancheepuram district.
In the order, Justice K.Chandru said in the light of rival pleadings, he directed the Government Pleader to produce the original file relating to the G.O. of July 6, 2009.
It was found that the order was preceded by spot inspection by the DRO, Kancheepuram, along with other officials. It had been stated in the report that the land in two survey numbers were classified as Nanjai Tharisu.
After sub division, it had been allotted to various States for setting up their Bhawans. It also found that there was no heritage or burial or cremation ground in the place. But it is a catchment area. It was on the western side of the road leading from Tambaram to Velachery.
The land was submerged in six feet water and there was growth of grass and hyacinth. Though habitations were nearby, no other land was available except the submerged land. Hence, it was decided to reclassify it. A notice was published in the village calling for objections but no objections were received.
Therefore, it could be seen from the report that there was no cultivation as claimed by aggrieved petitioners.
The stand of the authorities was that the documents in petitioners’ possession were forged and that their present claim that they were in possession was disputed by the spot inspection report.
However, counsel contended the petitioners had valid documents, including assignment by the Sub-Collector. The present G.O. could not be relied upon.
Mr. Justice Chandru said in disputed question of fact, entertainment of a writ petition under Art.226 of the Constitution was not desirable. The petitioners could approach the civil forum. He was not inclined to entertain the writ pleas.
