W.P.Nos.2711 and 2719 of 2019 & 3177 of 2020 V.BHAVANI SUBBAROYAN, J. The petitioner, viz., M.Agil, son of Madhavapillai, residing at No.33/5A, Gandhi Road, Sriperumbudur, Kancheepuram District- The District Collector, Kancheepuram, is also directed to take appropriate action in this regard to safeguard the documents which are in the custody and also the Secretary, Home Department, Government of Tamilnadu is hereby directed to pass appropriate orders, as expeditiously as possible, on the request made by the Department of Vigilance and Anti Corruption officials to proceed further in this regard to investigate the public officials involved in this conspiracy. All the respondents / officials are directed to commence the investigation forthwith and file a status report addressed to the Registrar General, High Court, Madras every four weeks in a sealed cover. 12. It is also made clear that the officers concerned cannot escape from the investigation by merely stating that they have joined recently and cannot shirk their responsibilities. The authorities of all the Departments are directed to file a consolidated status report on 21.01.2022 without fail. Post the matter on 21.01.2022 for filing a status report. 29.10.2021
W.P.Nos.2711 and 2719 of 2019 & 3177 of 2020
V.BHAVANI SUBBAROYAN, J.
The petitioner, viz., M.Agil, son of Madhavapillai, residing at No.33/5A, Gandhi Road, Sriperumbudur, Kancheepuram District has filed the Writ Petition No.2711 of 2019 for issuance of a Writ of Mandamus to direct the respondent to consider and pass orders in the written representation dated 05.12.2018 after holding detailed enquiry for disbursement of compensation amount to the acquired lands, along with awarding of separate proportionate compensation for acquisition of common area involving
street and open space common resort area in the VGP Chakra Town
extention at Nemili-A village at Sriperumpudur taluk, Kancheepuram district after furnishing the certified copy of the award. Further, the said petitioner has also filed W.P.No.2719 of 2021 for the same relief, however, different survey numbers and measuring different extents, in total, 2 acres and 66 cents, situated at Ayakolathur village, Sriperumbudur Taluk, Kancheepuram District. That apart, the petitioner, namely Rajendran has filed W.P.no.3177 of 2020 seeking for issuance of writ of mandamus directing the respondent nos.1 to 4 to consider the representation dated 10.11.2019 made by him and pass appropriate orders within stipulated time.
2. The petitioner, in W.P.No.2711 of 2019 has stated in the said writ petition that he purchased the land in S.No.102/4 measuring an extent of 24 cents, the land in S.No.107/1, measuring to an extent of 56 cents, the land in S.No.107/1, measuring to an extent of 62 cents, the land in S.No.108/1, measuring an extent of 18 cents and the land in Survey No.108/1 measuring an extent of 48 cents, in all, totally measuring an extent of 2 acres and 08 cents (Patta Nos.437, 1119 and 1037) Resurveyed nos. 102/4A part, 107/1A part and 108 /1A part, situated at Nemili-A Village
at Sriperumpudur Taluk, Kancheepuram District from Kuttiappan, Dhasarathan, Murali and Mugundan, who are represented by their common Power of Attorney M/s VGP Investments and M/s V.G.Panneerdas & Company, a registered Partnership firm, represented by its Partner, V.G.S.Rajesh, as per the registered sale deed dated 03.07.2018 in Doc.No.3789/2018 on the file of SRO, Kancheepuram, Joint II, for valuable
3. On an earlier occasion, it was submitted by the learned counsel for the petitioners in W.P.Nos.2711 and 2719 of 2019, viz., Mr.K.M.Venugopal that the award amount has already been disbursed to the petitioner and he may be permitted to withdraw the said writ petition. This Court did not allow the learned counsel for petitioner to withdraw the said Writ Petitions on the ground that the property has been sold by forging the signature of the Block Development Officer.
4. Further, Mr.Elumalai, learned Government Advocate, (Former), sought permission of this Court to putforth the details of the earlier proceedings and the same was permitted by this Court, wherein, Mr.Elumalai, learned Government Advocate (Former) has submitted that the property which has been sold to the petitioner herein was, by forging the signature of the Block Development Officer and only after cancellation of the said gift deed executed by the Block Development Officer, the said Power of Attorney holder has sold the property to the various third parties,
in which the petitioner is also one of the party.
5. This Court directed Mr.Yogesh Kannadasan to obtain appropriate details from the authorities. The Special District Revenue Officer (Land acquisitition), National Highways, Kancheepuram District was also directed to appear before this Court and he also appeared before this Court on 26.10.2021 and gave a status report, in which it is stated that unilaterally the gift deed was cancelled and in the subsequent sale deeds referred by the petitioner, the promotor has got no right to unilaterally cancel the gift deed by which the public utility area, reserved area, common area were entered into local bodies statutory authority ,as a condition precedent for grant of layout approved by the authorities, Town and Country planning and he
filed a detailed counter in this regard.
6. On a perusal of the sale deed executed by the said power of attorney one VGS Rajesh, as a vendor, stating that duly and validly from the said measuring an extent of Northern part 885 square feet out of 1770 sq.ft., in Plot No.1, in layout known as Gandhi Nagar in Survey Nos.112 and 102/3 situated at No.146, Ariyambakkam Village, Kancheepuram Taluk, he has offered to sell the property of Item -I and the schedule mentioned property of Item -II, measuring an extent of acre 2.08 cents in S.Nos.102/4, 107/1 and 108/1 situated at Nemili village, were sold for the consolidated sale of Rs.15 lakhs of rupees, as sale consideration. Further, M/s VGP investments developed the larger area of lands into a layoutof house sites known as VGP Sri Chakra Town Extention approved by the Director of Town and Country planning in the L-P/DTCP No.437/89 . But surprisingly it is seen that the total market value stated in the said document is Rs. 3,67,91,640/- for Ariyambakkam Property and Nemili Property, but there is no averment in the document to show that in what manner the said 3 Crores and odd of the sale consideration has been paid and the document only shows the consolidated sale of Rs.15 lakhs, paid by way of RTGS, Rs. 12,50,000/- and balance amount paid by way of cash at the
time of execution of the saids deed before the witness, no total amount has been stated anywhere in the documents. That being the case, it is shocking to this Court that when the market value has been stated in the said property itself is Rs. 3,67,91,640/-, it is not known how the authority has registered the document and released the same and it is also seen that the compensation amount paid to the said parties are 100 times more than the
said sale consideration.
7. That apart, it is seen that the said document was registered on 30.07.2018, but the proceedings relating to the said lands regarding acquisition has started by the National High Ways in the year 2011 for Bangalore Chennai Expressway and the subject lands have been notified for acquisition under Section 3A(1) of N.H.Act, 1956 in the Gazettee of India dated 04.03.2016 and declaration notification under Section 3D was published in the Gazette of India dated 03.03.2017, which includes the subject land long with the others. That being the situation, the said parties, clandestinely, in the year 2018 after receiving notice and publication of the Gazettee has given a Power of Attorney to the promoter and the promoter has also executed sale deeds in favour of various third parties. The layout has been approved and several places are earmarked for park, playground, 30 ft., 40 ft., 50 ft., road, extended 60 feet road, primary school, shopping complex, separate community hall and separate area has been ear marked, that being the case, it is not known how the said Block Development Officer has executed a cancellation of said gift deed, based on a mere letter no.3/18 dated 04.01.2018.
8. On scrutinising the said letter it is seen that the S.Nos.102/1, 4, 106/2, 3, 107/1 to 6, 108/1 to 3 in Sriperumpudur Taluk and the S.Nos.46,47,48/1 to 8, 49, 50, 51/1 to 127/7 to 9 at Ayakulathur measuring total extent of 2,24,016 sq.ft., was given to Block Development Officer, Sriperumpudur by M/s VGP Investments as a gift for laying roads and that the Sriperumbudur office has got no objection for the VGP investments to take over the said land as he is the owner of the said land, he can enjoy, utilise it, as he has got right over the same and the Block Development Officer, has given no objection for the same. When there is no document has been produced to show the cancellation of the said deed without even summoning the authority, by the said mere letter, the Registering Authority has cancelled the said gift deed and it is also not signed by the said BDO and signed only by the said POA holder, VGS Rajesh on 04.01.2018 and on the same day, it has been registered and it has been also noted that all various sale deeds have been executed by the said POA holder to various third parties and various third parties have approached the authorities seeking for compensation and based on the said inflated rates mentioned in the sale deeds, the authorities have also paid compensation, which is not the appropriate compensation paid for such lands. Further, it is submitted that the said lands have not been utilised for long number of years and lying vacant and how did the authorities paid such a huge amount as compensation
is not known.
9. Moreover, the said Block Development Officer, who has retired, after initiation of proceedings before this Court, on 25.02.2020,has given a mere letter stating that she has not sent any such letter and the said letter may be a ‘bogus one’. The Commissioner, Sriperumpudur panchayat union has forwarded a letter to the Inspector of Police, C1 police station, Sriperumpudur to look into this issue, he has also written a letter to the Project Director, National High way Authority narrating the entire issue and they also sought the help of the said authority to cancel the said document, which has been fradulently registered and on perusing the communications / documents would show that they are taking steps to cancel the said documents. After this communication, there is no other communication sent from the Registration Authorities to the BDO or to the police authorities, regarding what steps they have taken regarding cancellation of the said cancellation deed. The police also not taken any appropriate steps to find out the truth or to proceed further and investigate the matter regarding the misappropriation and forgery. As the police has not taken serious note of the same, this Court hereby suomotu, impleads (i) The Director, Directorate Vigilance and Anticorruption Department, Chennai – 16 (ii) The Superinten-
dent of Police, CBCID, Chennai as respondents in the writ petitions.
10. The Inspector of Police, Sriperumbadur, the Inspector of Police, Kancheepuram District, Crime branch and the relevant authorities to this case were directed to be present. Accordingly, P.Gomathi, Special Tahsil-
dar, Bangalore-Chennai Expressway scheme, Unit-3, Kancheepuram, E.V.Harinath, Sub Registrar, Sriperumbudur, R.Ravi, Assistant, SRO,
Sriperumpudur , S.Krishnakumar, Inspector of Police, C1- Sriperumbudur
Police Station, Kancheepuram, M.Narayanan, Spl. DRO, National High
Ways, Kancheepuram, V.Muthusundaram, Block Development Officer, (Block Panchayat), Sriperumpudur, K.Narmada, Joint Director, Tribal Welfare, Chennai (Formerly, Spl. District Revenue, Revenue Officer, N.H., Kancheepuram and M.Venkatachalam, Inspector of Police, Crime Branch, Kancheepuram District were present.
11. The said police officials, who were present before this Court hadstated that they are proceeding with the above matter, however, it is found that no action has been initiated against the persons involved in this issue. The investigation was not even in the preliminary stage and had only directed the registration officials to produce the copies of the documents for sending the same to the forensic department. This Court after due deliberation with all the officials appeared before this Court is inclined to pass the
(i). The District collector, Kanchipuram, is hereby directed to nominate the officer in the rank of Block Development Officer or above the rank of BDO, who is well versed in the issue, to give a complaint to the CBCID within a period of two weeks from the date of receipt of a copy of this order and the District Collector shall give instructions to the authorities to extend full cooperation to the investigating officer during investigation and submit all the documents and records to the said investigating authorities. Earlier FIR in Crime No. 1098 of 2021 was registered on 23.07.2021 for offence under Sections 465, 468, 471 and 420 IPC against the accused persons for forgery and cheating.
(ii) Since it is submitted by the learned Additional Advocate Generalthat original complaint itself is missing and the document alleged to have been written by the retired BDO that she is not the person who has signed the letter is also missing and xerox copy alone is available in the office, (which shall form part of the court records), there should be a thorough investigation by the authorities regarding the issue and the authorities, namely, BDO simply stated that it is not her signature, the same cannot be accepted by this Court. She being an officer or the subsequent officer incharge, ought to have proceeded further in the issue, but had kept quiet and not informed the higher authorities to investigate the issue. Based on the said letter given, the registration authorities have cancelled the gift deed issued in the year 1992 on the same day of issuance. The CBCID, police officials of the said department, have to investigate the said conspiracy in detail and regarding the act of the registration officials, who had colluded with the private individual, who had also amazed the wealth by way of compensation. Further, this case is only a tip of an iceberg. The entire transaction in the villages covered in the said notification is to be thoroughly inves-
tigated by them.
(iii) The vigilance and anti corruption department is also to be roped in, as serious issue involving crores of rupees of public exchequer being lost. The vigilance and anti corruption department has already initiated enquiry regarding the issue on a different footing and as per new procedure under Section 17A of the Act, it is mandatory that investigating agency has to obtain prior permission from the Government to proceed against the public servant, who had involved in this case. It is brought to the notice of this Court that the Vigilance Department, Kancheepuram Unit is awaiting orders from the Government of Tamil Nadu to proceed further. Taking into account that the amount of money involved in this case runs into 300 crores of rupees, the public exchequer is misappropriated by the public servants and the public officers, who are supposed to do their duty, have not acted diligently, this Court hereby directs the vigilance and anti corruption department and CBCID officials to collect all the necessary documents which are in the custody of the public servant and government officer by giving no
room for tampering or destruction of records by the authorities concerned.
(iv) The Inspector General, Registration Department is directed to safeguard the said documents which had already been in the custody of the Registrars concerned and produce the same before the police officials whoever comes for investigation. No further transaction in the above properties to be registered by the authorities concerned.
(v). The District Collector, Kancheepuram, is also directed to take appropriate action in this regard to safeguard the documents which are in the custody and also the Secretary, Home Department, Government of Tamilnadu is hereby directed to pass appropriate orders, as expeditiously as possible, on the request made by the Department of Vigilance and Anti Corruption officials to proceed further in this regard to investigate the public officials involved in this conspiracy. All the respondents / officials are directed to commence the investigation forthwith and file a status report addressed to the Registrar General, High Court, Madras every four weeks in a
12. It is also made clear that the officers concerned cannot escape from the investigation by merely stating that they have joined recently and cannot shirk their responsibilities. The authorities of all the Departments are
directed to file a consolidated status report on 21.01.2022 without fail.
Post the matter on 21.01.2022 for filing a status report.
Note:Issue order copy on 01.11.2021
ssd W.P.Nos.2711 and 2719 of
2019 & 3177 of 2020