BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED: 25/09/2008 CORAM THE HONOURABLE MR.JUSTICE.K.CHANDRU W.P.No. 4505 of 2007 and W.M.P.Nos.2,3 & 5 of 2008 1.Paul Nadar 2.P.Sudalaiandi Nadar 3.Raja Perumal 4.Maria Singam 5.Muthu Ganesan 6.Motchamani Jebamalai 7.Saverial Backiyam ... Petitioners Vs 1.The District Officer, Thoothukudi. 2.The Tahsildar, Vilathikulam, Thoothukudi District. 3.The President, Vembar South Panchayat, Vembar Post, Vilathikulam Taluk, Thoothukudi District. 4.Susaimani Nadar 5.Antony Rajamichael 6.Stephenraj 7.John Britto 8.Deva Arockiyam 9.Antony Savrimuthu 10.Sesuraja 11.K.S.Rajagopal (11th respondent impleaded vide order dated 19.09.2008 made in M.P.No.4 of 2007) ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to call for the records and proceedings pertaining to the list of beneficiaries of Vembar South Panchayat for alternative houses dated 08.06.2005 on the file of the second respondent and quash the same and further directing the respondents to hand over the houses constructed in Thenmayilai Nagar, Vambar South Panchayat, Vembar Post, Vilathikulam Taluk, Thoothukudi District initially to the persons whose name are included in the list of the second respondent dated 16.05.2005 and approved by the third respondent by its resolution dated 08.06.2005. !For Petitioner ... Mr.G.Prabhu Rajadurai ^For R.1 and R.2 ... Mr.R.Janakiramalu Spl.Govt.Pleader For R6&R8&R9 ... Mr.M.E.Ilango ***** :ORDER
The seven petitioners were victims of the Tsunami that struck the coastal
areas of the Tamil Nadu in the year 2005. They claimed to be the residents of
Vambar South Panchayat in Vilathikulam Taluk, Thoothukudi District. Equally so,
the respondents 4 to 10 are also the residents of the same Panchayat and victims
of the same holocaust. When a mass disaster took place in the coastal lines of
Tamil Nadu, many helping hands were extended for the disaster victims. One such
voluntary organisation by name CASA foundation came to the rescue of the
fisheremen in Vembar South village.
2. The said organisation entered into an agreement with the Government
for building of 75 houses for the Tsunami victims in the Vambar South
Panchayat. It is the case of the petitioners that the Tahsildar, Vilathikulam,
wrote a letter to the President of Vambar Panchayat stating that the list of 75
families living within the 200 metres high-tide, the Government has to provide
the houses, for which they wanted the Panchayat to give approval for the list of
names. In the list of 75, the names of the petitioners were found. It was
approved by the Panchayat held on 08.06.2005.
3. Thereafter, the Panchayat President made a complaint stating that in
the second list forwarded by the second respondent, the names of the seven
petitioners have been omitted. Therefore, a request was made to include those
names, as they were also living within the 200 metres high-tide.
4. The second respondent, Tahsildar informed the beneficiaries that
construction of 75 houses were over and since the selection of beneficiaries was
taking place, in finalising the list, the left out names will be considered. The
Panchayat also passed a resolution on 03.03.2007 that the left out names should
be included. After sending complaints to various authorities, the present writ
petition was filed.
5. It is at this stage one K.S.Rajagopal a resident of the village and
public spirited person (the impleaded 11th respondent ) filed a Public Interest
Litigation being Writ Petition No.9838 of 2006 and sought for a direction to
allot the houses built by CASA Foundation only to the beneficiaries living
within the 200 mtrs high tide. A division bench of this Court by an order dated
02.11.2006 granted an interim injunction from handing over the keys to any of
the beneficiaries. Subsequently, the writ petition came to be disposed of by
an order dated 08.02.2007, with the following directions;-
“Therefore, we consider it appropriate to dispose of the writ petition
with a direction to the respondents to consider the representation of the
petitioner dated 27.03.2006 within a period of twelve weeks from the date of
receipt of a copy of this order.”
6. Despite the District Collector was directed to consider a particular
request, the present writ petition was filed and notice of motion was ordered.
An interim injunction was granted by this Court on 09.05.2007 from allotting the
houses.
7. Pursuant to the direction by the division bench, the second
respondent convened a number of meetings including on 11.04.2007 and 30.04.2007
and a consensus were arrived at in that meeting regarding the names of 75
beneficiaries. Aggrieved by the consensus decision arrived, the seven
petitioners has approached this Court and had obtained a blanket injunction
order. The contention of the seven petitioners was that the 75 houses must be
given to the list of beneficiaries found in the list dated 16.05.2005. Attempt
made by the 11th respondent and respondents 4 to 10 to vacate the interim order,
did not fructify and all the houses remain unoccupied.
8. In the counter affidavit filed by the Tahsildar, Vilathikulam,
dated 29.01.2008, in paragraph Nos. 15,16 and 17, it is averred as follows:-
“15. It is submitted that as already 75 deserved families list were
approved by the Vembar South Panchayat President on 08.06.2005 for the allotment
of houses, endorsement from this dated 22.08.2006 has been given to the
applicants of this writ petition on their representation stating that as already
75 beneficiaries were listed out your request will be considered and houses will
be allotted later.
16.It is submitted that as already 75 deserved families list were approved
by the Vembar South Panchayat President on 08.06.2005 for the allotment of
houses, there is no room for the second thought of the Panchayat President to
revise the list approved.
17.It is submitted all the 75 deserved families listed out and approved by
the Panchayat President of Vembar South Panchayat on 08.06.2005 will be allotted
houses now constructed. Only the applicants of this writ petition have created
such a misunderstanding among the public of the Vembar village with an intention
to create law and order problem and unrest among the villagers”
9. The District Collector, Tuticorin, pursuant to the direction issued
by the Division Bench and after getting remarks from the second respondent,
called for a meeting. After consulting the 11th respondent and other important
personalities in the village along with the Regional Deputy Tahsildar, Revenue
Inspector and Village Administrative Officers in the meeting held on 11.04.2007,
a new list was prepared and he got it approved the names of 75 persons, who will
be the beneficiaries. Therefore, the list of beneficiaries prepared and
approved in the meeting held on 11.04.2007 should be the list for which the
houses must be allotted. In fact, the 7th petitioner, Savarial Packiyam’s name
also finds a place in the list.
10. It is rather unfortunate that because of the internecine quarrel
between the beneficiaries, a crucial project has been stalled for over two
years. The 75 houses built for the beneficiaries have been lying vacant for the
last two years, thereby causing misery to many. When the seven petitioners
sought to challenge the list, there is no justification for them to stall the
allotment of houses for 68 beneficiaries. They ought to have restricted their
prayer for injunction only to seven houses. On the contrary, the attitude of
the petitioners shows their narrow-mindedness and lack of sympathy for the other
brethren, who are also punished by such litigation and without notice to them.
11. In any event, the controversy between the parties must be brought
into an end by a proper, workable and legal solution. The first respondent had
taken initiative in this regard and has finalised a list in the meeting held on
11.04.2007. He had obtained broad consensus, both from groups of fishermen as
well as persons involved in the Tsunami relief work. Therefore, the writ
petition stands disposed of with a direction to the first respondent and the
second respondent to allot the houses identified by the District Collector vide
his proceedings in I.No.4/99059/2004 dated 09.05.2007 forthwith and report
compliance to this Court immediately thereafter. Consequently, connected M.Ps
are closed. No costs. A copy of the order first and second respondents
immediately by the registry.
12. It is also observed that since the petitioners 1 to 6 are also
sufferers due to Tsunami, the first and second respondents can think of
providing some solace to them also after writing to the Government and getting
approval to provide houses for them, if they are otherwise, eligible.
ssm
copy to:-
1.The District Officer,
Thoothukudi.
2.The Tahsildar,
Vilathikulam,
Thoothukudi District.
3.The President,
Vembar South Panchayat,
Vembar Post,
Vilathikulam Taluk,
Thoothukudi District.