IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.06.2011 CORAM: THE HON'BLE MR.JUSTICE T.RAJA W.P.No.19849 of 2008 and M.P.No.1 of 2008 Pollachi Municipal Employees Association Rep. by the President P.Soundara Rajan Revenue Assistant Municipal Office Pollachi. ... Petitioner Vs. 1. State of Tamil Nadu Rep. by Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Chennai – 600 009. 2. Director of Municipal Administration, Chepauk, Chennai – 5. 3. Pollachi Municipality, Rep. by its Commissioner, Pollachi. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, directing the respondents 1 to 3 to allot the house sites in T.S.Nos.139/1, 142 and 143 L.P.R. No.201/82 of Sangampalayam Village, Pollachi Taluk to the members of the petitioner who are employees of the Municipal Corporation of Pollachi who have not been allotted lands earlier by the 3rd respondent at the earliest. For Petitioner : Mr.S.Silambanan, Senior Counsel for M/s.S.Silambanan Associates For Respondents : Mr.K.V.Dhanapalan, Additional Government Pleader for RR1 and 2 Mr.G.Sankaran for R3 O R D E R The petitioner, Pollachi Municipal Employees Association, represented by the President P.Soundara Rajan, has filed the present https://hcservices.ecourts.gov.in/hcservices/ writ petition, seeking for an issuance of writ of mandamus, directing the respondents 1 to 3 to allot the house sites in T.S.Nos.139/1, 142 and 143 L.P.R. No.201/82 of Sangampalayam Village, Pollachi Taluk to the members of the petitioner, who are employees of the Municipal Corporation of Pollachi and who have not been allotted lands earlier by the 3rd respondent at the earliest time. 2. Learned Senior Counsel appearing for the petitioner submits that the Pollachi Municipality has already purchased certain properties for the purpose of allotting lands as house sites to the Municipal Employees. Subsequently, by passing Resolution No.49, dated 15.04.1986, Pollachi Municipality Council proposed to purchase the land measuring to an extent of 6.85 acres in Vadugapalayam, Pollachi in T.S.Nos.442/2, 442/3 and 442/4 under private negotiations for the specific purpose of formation of Lower Income Group Housing Colony. The above proposal was accepted by the State Government in Principle. Pollachi Municipality also purchased about 57 house sites in T.S.No.33/1 of Ward No.V in Pollachi Road extension for allotment to the employees of the Municipality. When the matter stood thus, there was a ban not to dispose of any immovable properties of the municipalities. In view of that, resolutions dated 15.11.1990 and 20.11.1990 was passed requesting the Government to lift the ban imposed on the allotment of land to enable the Municipality to allot the lands to the employees of the council and when there was no action taken by the Government to release the ban, a writ petition was also filed in W.P.Nos.464 and 465 of 1991 praying for issuance of a Writ of Declaration, declaring the G.O.Ms.No.730 dated 14.04.1976 as ultra vires and arbitrary. This Court by order dated 27.08.1999, gave a direction to the first respondent to lift the ban imposed in G.O.Ms.No.730 and permitted the Pollachi Municipality to allot the lands in Vadugapalayam Village, Sangampalayam Village and Pollachi Road extension to the employees of the Municipality on no loss no profit basis. As against that order, W.A.Nos.1124 and 1125 of 1999 were filed. The Division Bench of this Court, by order dated 02.12.2004, disposed of the writ appeals by giving directions to consider the case of the petitioner in respect of Vadugapalayam Village. On that basis, the learned Senior Counsel appearing for the petitioner has made a prayer to direct the respondent to allot the house sites in T.S.Nos.139/1, 142 and 143 L.P.R. No.201/82 of Sangampalayam Village, Pollachi Taluk to the members of the petitioner, who are the employees of the Municipal Corporation of Pollachi. 3. The learned counsel appearing for the 3rd respondent submits that the case of the petitioner cannot be considered in view of the fact that originally Vadugapalayam site was purchased by the Municipality for the allotment of the Municipal Employees. Therefore, the petitioner cannot claim the rights in Sangampalayam land. The house sites situated in Vadugapalayam village alone was purchased for giving land to the Municipal employees, but the land in Sangampalayam was purchased, hence, there is no such proposal for allotment of the house site. In fact layout approval was granted only to the land in Vadugapalayam, that too, on the basis of the order passed by this Court to allot the house site for 110 Municipal https://hcservices.ecourts.gov.in/hcservices/ employees. But in Sangampalayam land, there is no such proposal for allotment of the house site. 4. Therefore, as pleaded by the learned Senior Counsel appearing for the petitioner, this Court does not find any merit in giving direction to allot the house site in Sangampalayam Village. However, the petitioner is at liberty to move a fresh application for allotment of house site. If any such application is made before the 3rd respondent, it is for them to consider and pass order on merits subject to the availability of land in Sangampalayam Village. 5. With these observation, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar ogy To 1. The Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Chennai – 600 009. 2. The Director of Municipal Administration, Chepauk, Chennai – 5. 3. The Commissioner, Pollachi Municipality, Pollachi. 1 cc to Mr.S.Silambanan, Advocate, Sr.No.32870/11 1 cc To Government Pleader, SR.No.3278/11 1 cc to Mr.G.Sankaran , Advocate, Sr.No.32596/11 W.P.No.19849 of 2008 sv(co) pmk.22.6.2011 https://hcservices.ecourts.gov.in/hcservices/