Item ,
For Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAL BENCH
W.P. (MD) NO. 35552 OF 2025
IN THE MATTER OF:
K.K. Ramesh …Petitioner
Versus
The State of Tamil Nadu & Ors …Respondents
PRAYER
To grant stay to all further proceedings of the Tamil Nadu Government Order
G.O (MS). No.921 dated 02.12.2025 (Revenue and Disaster Management
Department), Pending disposal of this writ petition @ Pg.9
To pass an order of interim injunction forbearing respondents without the
permission of this honorable code and not to allow them to enclose upon the
water alter their character or carry out any constructions. @Pg. 10
To call for the records pertaining to the Tamil Nadu Government order G.O. No.
921 dt. 02.12.2025 and quash the scene as illegal, arbitrary and against
natural justice. @Pg. 30
BRIEF LIST OF EVENTS
[Link] DATE EVENT
1. 27.06.1979 The State of TN vide G.O. No. 1117 directed that the
poromboke lands of state government and corporation public
lands will be transferred to Tamil Nadu Slum Clearance
Board for free of cost for the purpose of giving the land to the
slum dwellers and issue patta. @ Para 3, Pg. 5 of Typed
Set
2. 13.12.1985 The State of TN (Housing and Urban Development
Department) vide G.O. No. 1352 stated that from various
component of Madras Urban Development Program, slum
improvement is one of the main components. Lease cum sale
agreements will be executed with eligible slum dwellers so as
to ensure security of tenure and to collect the land cost from
the allottees. The govt. also fixed the rates for land cost. @
@ Pg. 21 of Typed Set
3. 19.09.1988 The State of TN (Housing and Urban Development
Department) vide G.O. No. 1246 formulated the Tamil Nadu
Urban Development Board for obtaining financial assistance.
The IDA Mission of World Bank agreed to provide financial
assistance subject to certain conditions. @ Pg. 28 of Typed
Set
4. 04.05.1990 The State of TN (Revenue Department) vide G.O. No. 741
directed that That those government lands which are
unobjectable and which do not fall within the ban category
of government lands like water course porambokes, grazing
ground porambokes etc., but which are occupied by slums
for the past several years be alienated free of cost to the Tamil
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For Respondent
Nadu Slum Clearance Board for implementation of the Tamil
Nadu Urban Development Project. @Para 4, Pg. 32 of Typed
Set
5. 28.08.1998 The State of TN (Revenue Department) vide G.O. No. 1911
directed that Tamil Nadu Slum Clearance Board be permitted
to enter upon the lands that fall within the banned categories
like water course porambokes, grazing ground porambokes
etc but which are occupied by slums for the past several
years. @Para 6, Pg. 37 of Typed Set
6. 28.01.2019 The petitioner filed WP(MD) No. 22163 of 2018 before the
Madurai Bench of Hon’ble MHC seeking to direct the 1st
respondent to instruct all respondent to issue circular or
government order on notification to stop the station of lands
without and etc. @ Pg. 33 of the Paper book
The Hon’ble Court pass the interim direction in WP(MD) No.
22163 of 2018 on 28.01.2019 directing the state to file
status report on action taken by them against encroachers,
district collectors to prepare a list of water bodies etc. @ Para
8, Pg. 37 of the Paper book
7. 02.11.2017 In Contempt Petition No. 1154/2018 the Hon’ble Court
ordered to execute the sale deed in favor of other
beneficiaries in respect of objectionable land classified as
sarkar poramboke Under Tamil Nadu Urban Development
Project scheme. @ Para 5(l) of Counter Affidavit
8. 15.06.2018 The State of TN (Housing and Urban Development
Department) vide G.O. No. 78 ordered to constitute the
empowered committee for the alienation of lands in Chennai
and other districts in Tamil Nadu in favor of Tamil Nadu
Urban Habitat Development Board and Tamil Nadu Housing
Board. @ Para 5(n) of Counter Affidavit
9. 25.04.2019 The petitioner filed WP(MD) No. 21346 of 2015 before the
Madurai Bench of Hon’ble MHC seeking to direct the 2nd and
3rd respondent to appoint an expert committee in all districts
of Tamil Nadu to find the disappeared Kanmays and to
remove the encroachment in water channels and etc. @ Pg.
42 of the Paper book
The Hon’ble Court pass the order in WP(MD) No. 21346 of
2015 on 25.04.2019, directing the district collect to ensure
desilting and deepening of water bodies in water courses,
removal of encroachment in water bodies during wedding
right to privacy, to do all the needful so that flowing of certain
water into sea during the any season will be minimized and
etc. @ Para 7, Pg. 47 of the Paper book
10. 12.01.2021 The Committee members of the 6th Empowered Committee
decided that the lands which are alienated to Housing Board
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For Respondent
and Tamil Nadu Slum Clearance Board may be reclassified
as Ryotwari Manai to enable the purchasers to apply and
receive patta. @ Para 7, Pg. 64 of Typed Set
11. 09.07.2021 The Coordination Meeting took place to address the queries
of government pertaining to 6th Empowered Committee
meeting decided. @ Pg. 70-75 of Typed Set
12. 27.01.2022 The Hon’ble Court pass the direction in WP(MD) No. 22163
of 2018 that:
No registration of land which has been notified as
water body and refinery records. @ Para 9(i)
Authority granting approval for layout or building
construction it or assessment of property tax
electricity or water connection that relevant property
has not been notified as water boarding in the official
website. @Para 9(iii)
& these directions are in addition to the interim direction
that was given in para 8 of order dated 28.01.2019. @Para
9, Pg. 69 of the Paper book
13. 02.12.2025 The State of TN (Revenue and Disaster Management
(Impugned Department) vide G.O. No. 921 accepted the proposal as
Order) approved by empowered committee in order to alienate
37subject classified as To Tamil Nadu Urban Habitat
Development Board for Madras Urban Development Project
and Tamil Nadu Urban Development Project Scheme on free
of land cost. @ Para 7, Pg. 30G of the Paper book
14. December, Hence, the Writ Petition.
2025
15. 11.12.2025 Interim stay was granted by the Hon’ble Court. @ Pg. 90 of
Typed Set
SUBMISSION
1. The petitioner was earlier restrained to file any further PIL for 2 years by the
Hon’ble MHC in W.P. (MD) No. 1523 or 2022 dated 02.02.2022.
2. In Dattaraj Nathuji Thaware vs. State of Maharashtra, (2005) 1SCC
590, Para 14, 15, 16, the Hon’ble Supreme Court has held that the court
has to be satisfied about (a)the credentials of the applicant, (b) the prima
facie correctness or nature of information given by him (c) the information
being not vague and indefinite (d) the information should show gravity and
seriousness involved
3. It is respectfully submitted that the Government Order issued in the year
1998 transferred the subject land to the Slum Development Board for the
purpose of development. The said Government Order constituted the
foundational decision regarding the status and control of the land.
Significantly, the said order was never challenged by any person at the
relevant time and therefore attained finality in law.
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For Respondent
4. Challenging the consequential order without challenging the basic order is
not permissible, Amarjeet and Ors vs Devi Ratan and Ors. (2010) 1 SCC
417, Para 28.
5. The State of TN vide G.O. No. 1911 empowered the collector to permit
right of way to the Tamil Nadu Slum Clearance Board on banned
categories of land (water course porambokes), if there is justification
to undertake improvement scheme on the basis of their personal
inspection.
6. The 6th empowered Committee in Para 6 of the minutes of the
meeting has constituted a committee to decide on the lands which
constitute watercourse poramboke with the classification of
Thangal, Odai, River, Kalvai and Eri and inspection should be done
by the committee and the committee would inspect that the
construction of schemes would obstruct the free flow of water and
would recommend that the land should be considered for alienation
to Tamil Nadu Slum Clearance Board or not. @ Para 6 of Minutes of
6th Empowered Committee
7. In Jagpal Singh judgment The Hon’ble SC has held that compounding
should be allowed only when the land has been leased to landless
labour or member of caste or tribes or land is actually being used for
public purpose. The land should not be compounded when it is
encroached by the encroachers using muscle power/money power and
in collision with the officials. @ Para 13, 14 of Judgment
8. Under these claims facilities like roads drainage street light drinking
water exactly are provided. @ Para 5(b) of Counter Affidavit
9. These slum dwellers are allottees of Tamil Nadu Urban Habitat
Development Board and not illegal encroachers. @ Para4, Pg. 30G of
Paper book
10. The land was already allotted to the allottees (slum dwellers) or based
on the digital list provided that the person who is in the physical
position of the and resides there but due to non-alienation of the favor
of Tamil Nadu Urban Habitat Development Board the boat could not
execute the sale deal in figured of the allotees. @ Para 5(e) & (f) of
Counter Affidavit
11. In Allahabad University v. Geetanjali Tiwari, (2024) 20 SCC 23,
Para 52, the Hon’ble Supreme Court held that the findings of the court
have to be based on the pleadings and the evidence produced before it
by the parties.