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Judgment
D. Hariparanthaman, J.—In view of the common issues involved both in the writ appeals and in the writ petitions, they have been taken up
together for final disposal and a common judgment is passed.
The brief facts leading to the filing of the writ appeals as well as the writ petitions are as follows:
(a) Mr. L. Yesumarian, Petitioner in W.P. No. 15517 of 2008 is a Priest in Roman Catholic Church and also a practicing advocate at
Chengalpattu, Kancheepuram District. He is the Director of Dalit Human Rights Centre (DHRC) and Secretary of Janodayam Social Educational
Centre. He also associates with other social service organizations which are functioning to protect the welfare and development of the poor and the
town-trodden, promotion of human rights, women''s rights, protection of environment etc. He also involves in the relief services for the victims of
natural calamities such as Tsunami, Floods and Drought etc.
(b) Tsunami hit the coastal areas of Tamil Nadu on 26.12.2004 and caused heavy loss to the people and the properties. The Government and
Non-Governmental Organizations got involved in relief and rehabilitation measures.
(c) According to Mr. L. Yesumarian, Petitioner in W.P. No. 15517 of 2008, his service organization got engaged in immediate relief works, such
as providing rice packs, dresses and other necessary house hold utensils to the Tsunami affected people, who are living in the coastal area. Such
relief materials were provided by them for nearly about 40,000 families. It is also stated that his organization constructed concrete houses for the
Tsunami affected people. 10 houses were built in Pudhupattinam village, Kancheepuram District and given to the victims on 19.09.2005. Likewise,
50 houses were built in Singarathoppu, Cuddalore District and entrusted to the victims on 22.04.2006. They also built 80 houses in Kovalam
village, Kancheepuram District and entrusted to the victims on 22.09.2007.
(d) As stated above, Mr. L. Yesumarian and his organization built 10 houses in Pudhupattinam Village, Kancheepuram District, but the victims are
large in number. The entire Pudhupattinam village more particularly, Uyalikuppam, which comes under Vayalur Panchayat got severely affected
due to Tsunami.
(e) Under such circumstances, Mr. L. Yesumarian and his organization namely Janodayam Social Educational Centre (shortly ""the Centre"")
planned to construct 90 more houses. Being the Secretary, the Centre entrusted him to carry out the work of construction of 90 houses for the
Tsunami affected victims at Pudhupattinam village by purchasing lands and appointing Engineers for construction activities.
(f) Accordingly, Mr. L. Yesumarian purchased lands to an extent of about 9 acres comprising in Survey Nos. 163/1, 163/3, 164/1B, 164/2,
164/3A, 164/4A, 164/4B, 189/9A, 189/9B in Pudhupattinam Village from various owners by registered sale deeds in document Nos. 1347/2006,
2380/2006, 3052/2006, 3123/2006 and 3349/2006 dated 15.03.2006, 27.04.2006, 08.06.2006, 09.06.2006 and 21.06.2006 respectively, and
cheque was issued to the owners towards sale consideration by Mr. L. Yesumarian in the capacity of Secretary of the Centre.
(g) The said lands are about 5 km., from Raja Nagar and nearer to Vayalur Panchayat. The approximate cost for each house was Rs. 2.17 Lakhs.
He handed over the lands to the builder to promote the said land as house sites and the plan was handed over to the builder and the work was
started during the month of October 2006.
(h) After allotting sites for construction of houses, the remaining area was allotted for public purposes, such as Study Centre, Hospital, Library,
Primary School, Play Ground, Park and Community Hall etc. The construction work was almost over. But the names of the beneficiaries were not
finalized. The Centre has to choose the beneficiaries, who are really poor, widows and Tsunami affected victims.
(i) While so, on 03.06.2008, when Mr. L. Yesumarian went to supervise the construction work, one Mr. Nehru (Petitioner in W.P. No. 19082 of
2008) and his henchmen way laid and attacked him with deadly weapons and also caused damage to his car and used filthy language. They
demanded Rs. 10 Lakhs and also houses for their own people. They threatened to kill him, if he did not concede their demands. He got collapsed
and became unconscious. He was taken to the nearby hospital and thereafter to Chengalpattu for treatment.
(j) Hence, Mr. L. Yesumarian immediately gave complaint to the Respondent Police authorities. He made another complaint on 10.06.2008 and
also made several subsequent complaints about the rowdyism of the aforesaid group. Though several complaints were made, the rowdy group
again trespassed into the newly constructed houses and caused damages to the house properties. Hence, Mr. L. Yesumarian immediately sent a
telegraphic complaint to the Respondent authorities. But the trespass and the causing of damages continued unabated. Hence, he again made
telegraphic message and written complaint dated 26.06.2008 to the Respondent authorities and those complaints are enclosed in the typed set.
(k) According to Mr. L. Yesumarian, the aforesaid group of persons headed by one Mr. Nehru are well settled at Periyar Nagar and Kalpakkam
Township and some of them are Central Government employees and those Central Government employees were made as Respondent Nos. 8,9
and 10 in W.P. No. 15517 of 2008. It is also alleged that they own more than one house and still they wanted houses that are being constructed
by the Petitioner viz., Mr. L. Yesumarian and his Centre.
(l) Under such circumstances, Mr. L. Yesumarian filed writ petition in W.P. No. 15517 of 2008 initially seeking for a direction to the Respondents
1 to 4 to give necessary police protection to the 90 houses that are being constructed for Tsunami affected victims in Pudhupattinam Village,
Kancheepuram Distirct. But subsequently, the prayer in the writ petition has been amended seeking direction to the Respondents 1 to 4 to take
necessary action to remove the encroachers namely the Respondents 5 to 56 or their men or subordinates or any persons claiming through them
from the houses that are constructed for Tsunami victims in Pudhupattinam Village, Kalpakkam, Kancheepuram District to enable the Petitioner to
hand over the same to the poor Tsunami victims and deserving people. The said Mr. Nehru and 51 others were made as Respondent Nos. 5 to 56
in the said writ petition.
(m) Mr. L. Yesumarian, Petitioner in W.P. No. 15517 of 2008 also filed a Miscellaneous petition in M.P. No. 1 of 2008 seeking interim injunction
restraining the Respondents therein and their men, agents or any other person claiming through them from in any way disturbing or interfering in the
completion of construction works and further in the allotment of houses to the Tsunami affected victims in Pudhupattinam Village, Kancheepuram
District.
(n) While admitting the writ petition W.P. No. 15517 of 2008, this Court granted interim injunction on 02.07.2008 in M.P. No. 1 of 2008 in W.P.
No. 15517 of 2008.
(o) After the receipt of notice in M.P. No. 1 of 2008 in W.P. No. 15517 of 2008, Mr. Nehru filed a writ petition in W.P. No. 19082 of 2008,
wherein Mr. L. Yesumarian, Petitioner in W.P. No. 15517 of 2008 was made as Respondent No. 4. It is averred in the affidavit filed in support of
the said writ petition that he belongs to Scheduled Caste community and he resides at Raja Nagar. During the Tsunami hit, the said Raja Nagar
was also affected. The fishermen community people are also residing at Uyalikuppam, near Raja Nagar. Both the Scheduled Caste community and
Fishermen Community are involved in fishing operations and there was some enmity between them. The entire Pudhupattinam village got affected
due to Tsunami and the people in Raja Nagar suffered heavy loss. They lost their entire livelihood such as shelters, food, boats and fishing nets
including life sources. At that time, the Government of India as well as the Government of Tamil Nadu announced so many rehabilitation projects
for Tsunami affected victims and number of Non-Governmental Organizations also participated in the rehabilitation work. They came to know
about Mr. L. Yesumarian, the fourth Respondent in W.P. No. 19082 of 2008 and Petitioner in W.P. No. 15517 of 2008 and his willingness to
construct houses for Raja Nagar people. Mr. L. Yesumarian purchased 0.80 acres of nanja land for constructing houses and he collected Rs.
10,000/- from each families in Raja Nagar for the purchase of land. One of the owners viz., Mr. Manivel from Chengalpattu, refused to hand over
the land, because the land value became high. At that time, Mr. L. Yesumarian refused to contribute any amount and he directed the Raja Nagar
people to collect money and settle the amount. As per the directions given by Mr. L. Yesumarian, the Raja Nagar people collected amount from
themselves and handed over to the land owner Mr. Manivel and thereafter only, the entire properties were purchased for construction of houses.
(p) It is further averred in the said writ petition that Mr. L. Yesumarian totally collected Rs. 16 Lakhs from the villagers, but did not involve in
construction work. It is further alleged that his motive was only to collect money from the people and he also collected huge funds from foreign
countries and did not utilize the same for construction work and upliftment of the people in Raja Nagar. The construction work was not properly
done by him. He did not follow the Foreign Contribution and Regulation Act properly.
(q) The further allegation made in W.P. No. 19082 of 2008 is that Mr. L. Yesumarian did not follow the guidelines issued by the Director of
Tsunami Rehabilitation Project, Government of Tamil Nadu. According to the guidelines, he should have entered into a Memorandum of
Understanding with the District Collector and he has to constitute a Committee at the village level. But Mr. L. Yesumarian never entered into
Memorandum of Understanding with the District Collector and never constituted a Committee to find out the beneficiaries as per the guidelines.
Further, he had not completed the work properly and he did not construct the community hall, study centre, library hall etc. He had an malicious
plan to retain the four acres of land in the name of his Centre and he named the entire Raja Nagar as Sasuvi Nagar without getting necessary
permission from the appropriate authority. Further, he only wanted to promote his political party viz., Dalit Human Rights Centre (DHRC). While
the Petitioner viz., Mr. Nehru in W.P. No. 19082 of 2008 belongs to Dhalith Panthers of India, Mr. L. Yesumarian belongs to DHRC. When Mr.
Nehru and others made representation about the irregularities committed by Mr. L. Yesumarian, he threatened them that he would not allot the
constructed houses to them. Hence, Mr. Nehru and other villagers of Raja Nagar, requested the concerned authorities to hand over the
constructed houses for Raja Nagar people. In those circumstances, Mr. Nehru filed the writ petition in W.P. No. 19082 of 2008 seeking for a
direction to the Respondents 2 and 3 therein to hand over all the houses that were constructed by Mr. L. Yesumarian, Petitioner in W.P. No.
15517 of 2008, to the villagers of Raja Nagar along with remaining lands of 4 acres in Pudhupattinam Village, Thirukazhukundram Taluk,
Kancheepuram District.
(r) Mr. Nehru, Petitioner in W.P. No. 19082 of 2008 also filed a Miscellaneous petition in M.P. No. 1 of 2008 seeking an order of interim
injunction restraining the fourth Respondent therein (Mr.L. Yesumariyan) from interfering with the allotment process of built up houses to the Raja
Nagar people. He filed another Miscellaneous petition in M.P. No. 2 of 2008 seeking an order of interim direction to the Respondents 1 to 3
therein to conduct a detailed enquiry about the malpractices and maladministration committed by the fourth Respondent viz., Mr. L. Yesumariyan.
(s) While admitting the writ petition in W.P. No. 19082 of 2008, this Court granted interim injunction on 07.08.2008 in M.P. No. 1 of 2008 in
W.P. No. 19082 of 2008.
(t) In reply to the averments made in W.P. No. 19082 of 2008, Mr. L. Yesumariyan filed a counter affidavit refuting the allegations made by Mr.
Nehru. It is stated that Mr. Nehru filed the above writ petition only after receiving notice in W.P. No. 15517 of 2008. In the counter, he reiterated
the averments made in W.P. No. 15517 of 2008. Mr. L. Yesumariyan categorically denied that he did not collect any money from the villagers of
Raja Nagar and the entire amount towards the purchase of land was paid by the Centre, by way of cheques, to all the land owners and no land
from one Mr. Manivel of Chengalpattu was purchased. But, an extent of 5.00 cents of land was purchased from one Mr. Manivel of Thaiyur
Village, by way of a sale deed dated 21.06.2006, for a sale consideration of Rs. 10 Lakhs and the amount was paid by way of cheque bearing
No. 791999 dated 21.06.2006 drawn on Indian Overseas Bank. It is also explained that he did not involve in any Government Schemes such as
Rajiv Gandhi Punaramaippu Thittam"" (RGPT). His organization voluntarily involves in the social welfare works and was constructing houses for
the Tsunami affected victims, without getting any assistance from either the Central Government or the State Government. The guidelines issued by
the Director of Tsunami Rehabilitation Project, referred to by the Petitioner in W.P. No. 19082 of 2008, would be applicable only if the Non-
Governmental Organizations got assistance from the Government for lands or otherwise. It is further stated that the site where the construction
work is carried out, was about 5 kms away from Raja Nagar and was very nearer to Uyalikuppam, Vayalur Panchayat, which was severely
affected due to Tsunami. Mr. L. Yesumarian further denied the allegation that Dalit Human Rights Centre (DHRC) is a political party, while Mr.
Nehru belongs to a political party.
(u) Likewise, in reply to the averments made in W.P. No. 15517 of 2008, Mr. Nehru filed a counter affidavit refuting the allegations made by Mr.
L. Yesumarian. He reiterated the allegations made in W.P. No. 19082 of 2008.
(v) The District Collector, Kancheepuram District filed counter affidavit in both the writ petitions, whereas the police authorities, filed counter
affidavit in W.P. No. 15517 of 2008.
(w) The District Collector, Kancheepuram District admitted in his counter that Mr. L. Yesumarian constructed 90 houses for the Tsunami affected
victims. But Mr. L. Yesumarian did not enter into Memorandum of Understanding with the District Administration, before undertaking the
construction activities. It is stated that there was some dispute between Raja Nagar people and Mr. L. Yesumarian regarding allotment of houses.
In order to maintain law and order in the village, the Revenue Divisional Officer, Chengalpattu convened a Peace Committee Meeting on
28.06.2008 between the two parties. The meeting was concluded with a decision that there was no dispute between the two parties in allotting 83
houses and the allotment of remaining 7 houses was to be sorted out, as Mr. L. Yesumarian wanted to allot the 7 houses to the beneficiaries of his
own choice and to persons not residing in Raja Nagar. Thereafter, another Peace Committee Meeting was held on 21.07.2008. This time, no
decision was taken on allotment of houses. It is further stated that Mr. L. Yesumarian informed the authorities that he would consult the Tsunami
Service Committee of his organization and would settle the issue before 02.08.2008. On 02.08.2008, his representative Mr. Nathan gave a letter
informing the following decisions taken by their organization.
a) Request was received by the organization from various villages for allotment of constructed houses.
b) After verification by the Human Right Organization, it is found that only 50 persons are eligible from Raja Nagar. The balance houses will be
allotted to 40 persons in Voyalur village.
c) The vacant place available will be handed over to other private concern for construction of houses and for allotment to eligible persons in
voyalur village.
d) The organization is prepared to discuss the above decision with the representatives of Raja Nagar and Voyalur villages in the presence of the
Government authorities and to fix a convenient date with prior intimation giving one week time.
It is also stated that Mr. L. Yesumarian did not finalize the beneficiaries till that date. It is also alleged that complaints were received against Mr. L.
Yesumarian that he collected money from the villagers of Raja Nagar. The District Collector also admitted that 85 beneficiaries themselves
occupied the houses constructed by Mr. L. Yesumarian.
(x) Subsequently, Mr. L. Yesumarian filed M.P. No. 1 of 2010 in W.P. No. 15517 of 2008 to implead the persons, who occupied the houses on
their own, constructed by his organization, as Respondents 11 to 56. The application was ordered and those persons were impleaded.
(y) Among the forcible occupants of 90 houses, four of them filed writ petitions in W.P. Nos. 1688, 1689, 1690 and 1691 of 2010 seeking
direction to the Respondents therein to provide electricity service connection. In those writ petitions, neither Mr. L. Yesumarian nor his
organization that constructed houses for the Tsunami victims, was made as party Respondent. Those writ petitions were allowed on 09.02.2010 at
the admission stage itself. Aggrieved over the order dated 09.02.2010 passed in W.P. Nos. 1688, 1689, 1690 and 1691 of 2010, Mr. L.
Yesumarian, filed writ appeals in W.A. Nos. 787, 788, 789 and 790 of 2010.
We have heard the submissions made on either side.
Mr. Vijay Narayan, learned senior counsel for the Petitioner in W.P. No. 15517 of 2008 viz., Mr. L. Yesumarian, submitted that Mr. L.
Yesumarian and his organization are interested in allotting houses to the deserving people. But Mr. Nehru, Petitioner in W.P. No. 19082 of 2008
and his henchmen interfered in the construction work and forcibly occupied the houses, that were constructed for the Tsunami affected victims. The
Centre which constructed the houses for the Tsunami affected people of Pudhupattinam village was to give 50 houses to the people belonging to
Raja Nagar and 40 houses to the people belonging to Uyalikuppam village, which comes under Vayalur Panchayat, since the Uyalikuppam village
is the worst affected area due to Tsunami. A list containing 90 persons of Raja Nagar and another list containing people from Vayalur village were
given by Dalit Human Rights Centre (DHRC) to the Janodayam Social Educational Centre to choose the deserving beneficiaries. However, Mr.
Nehru and his henchmen demanded to hand over all the houses to the 90 persons of Raja Nagar. Mr. Vijaya Narayan, learned senior counsel
gave the list of 90 persons, wherein 50 of them belongs to Raja Nagar and the remaining 40 belongs to Vayalur Panchayat. According to him,
among the fifty persons from Raja Nagar chosen by the Centre that constructed the houses, there are twenty eight persons who have occupied the
houses themselves. All the houses were occupied by the people of their own, including those 28 persons at the instigation of Mr. Nehru. The
learned senior counsel submitted that this Court could entrust the work to any authority or Committee for allotment of houses to the deserving
people and that the Centre is not interested in any particular person.
Mr. Vijay Narayan, learned senior counsel appearing for Mr. L. Yesumarian, Petitioner in W.P. No. 15517 of 2008 has produced the list of 90
persons belonging to Raja Nagar seeking allotment of houses. Likewise, he also produced another list of 90 persons belonging to Vayalur
Panchayat seeking allotment of houses. Both the lists were given by the respective area people to the Centre.
On the other hand, Mr. N.G.R. Prasad, learned Counsel submitted that the entire houses were occupied by Raja Nagar people and that they
alone are entitled for allotment. Therefore, their possession should not be disturbed by this Court. Mr. L. Yesumarian failed to resolve the dispute
through the Peace Committee, while he requested the District Collector to organize Peace Committee meeting.
Mr. N.G.R. Prasad, learned Counsel, relied on the list of persons belonging to Raja Nagar and submitted that all the houses should be
exclusively handed over to Raja Nagar people. On the other hand, the learned senior counsel appearing for Mr. L. Yesumarian submitted that it
was already decided to allot 50 houses to Raja Nagar people and 40 houses to Vayalur Panchayat, since both the areas were affected by
Tsunami.
The learned Special Government Pleader submitted that since Mr. L. Yesumarian constructed houses of his own, without getting any assistance
from either the Central Government or the State Government, the guidelines issued by the Government are not applicable to him. The guidelines
relating to entering into Memorandum of Understanding with the District Administration would arise only in cases where the Non-Governmental
Organizations take assistance from the State Government.
We have considered the submissions made on either side and perused the entire materials available on record.
It is not in dispute that Mr. L. Yesumarian, being the Secretary of Janodayam Social Educational Centre, did purchase the land measuring
about 9 acres for construction of houses to the Tsunami affected victims of Pudhupattinam village, Kancheepuram District. Admittedly, he did not
take any assistance either from the Central Government or the State Government. While allegations are made that Mr. L. Yesumarian collected Rs.
10,000/- from each of the families belonging to Raja Nagar, nothing is produced on the side of Mr. Nehru, Petitioner in W.P. No. 19082 of 2008
to establish the allegations made against Mr. L. Yesumarian. In fact, we enquired both Mr. Nehru and Mr. L. Yesumarian and Mr. Nehru stated
that he had no materials to establish the allegations made by him. On the other hand, Mr. L. Yesumarian, gave the details before this Court to show
that Janodayam Social Educational Centre paid money to the land owners by way of cheque and he also produced the respective sale deeds.
Hence, the allegations made against Mr. L. Yesumarian, are devoid of any merit. The Centre that constructed houses was to distribute the same to
the people of Raja Nagar and Vayalur Panchayat. It is also not in dispute that Uyalikuppam, where the fishermen community are living was
severely affected due to Tsunami, comes under Vayalur Panchayat. When the Centre constructed houses, it has the discretion to choose the
beneficiaries. When the Centre wanted to allot houses to the people belonging to both Raja Nagar and Vayalur Panchayat, the Respondents 5 to
56 in W.P. No. 15517 of 2008 could not object the same and they could not take the law into their hands. The District Collector admitted in the
counter affidavit that 85 persons occupied the houses of their own. The District Administration could not have been a silent spectator, when the
Respondents 5 to 56 in W.P. No. 15517 of 2008 along with their men supported by a political party as alleged by Mr. L. Yesumarian, forcibly
occupied houses constructed by the Centre in which Mr. L. Yesumarian is the Secretary.
Since the District Administration viz., the District Collector himself admitted in his counter affidavit that 85 persons occupied the houses that
were constructed by the Janodayam Social Educational Centre, of their own, it is not known as to why the District Administration keeps silent on
this issue and why there is no response from the Respondent authorities on the complaints made by Mr. L. Yesumarian, including telegraphic
messages.
In these circumstances, we do not find fault with the decision of the Centre that built 90 houses to allot 50 to Raja Nagar people and 40 to
Vayalur Panchayat people. Among the 90 houses, the Centre selected 28 beneficiaries from among the 90 persons who forcibly occupied the
houses and there is no dispute about these 28 persons and the names of those 28 persons are given below:
1) Ambika W/o. Kothandam
2) Pattammal W/o. Vedhachalam
3) Megatha W/o. Kumar
4) Annakili W/o. Varadharajan
5) Sasikala W/o. Selvakumar
6) Anbarasi W/o. Chellappan
7) Malli W/o. Ganesan
8) Anjalai W/o. Ayyakannu
9) Kuttiyammal W/o. Muniyan
10) Anjalai W/o. Jeyaraman
11) Dhanalakshmi W/o. Ranganathan
12) Radha W/o. Murugan
13) Bhavani W/o. Ravi
14) Jayanthi W/o. Aravindhan
15) Kala W/o. Ezhumalai
16) Lalitha W/o. Ramu
17) Mallika W/o. Ramu
18) Anjalai W/o. Sekar
19) Padma W/o. Ramesh
20) Vasantha W/o. Rajendran
21) Sokkammal W/o. Sellan
22) Jeya W/o. Uthirakotti
23) Gandhi W/o. Thangaraj
24) Mallika W/o. Shanmugam
25) Mahalakshmi W/o. Ramu
26) Anjalai W/o. Ezhumalai
27) Rajeswari W/o. Arumugam
28) Anjalai W/o. Balarama
Therefore, Raja Nagar people are entitled to balance 22 houses only. But the entire 90 houses are occupied by the Raja Nagar people as stated
above. Hence, the forcible occupants other than the above mentioned 28, have to be vacated as they have illegally and unlawfully occupied the
houses constructed by the Centre.
At this juncture, the learned senior counsel appearing on behalf of Mr. L. Yesumarian submitted that both 22 persons from Raja Nagar and 40
persons from Vayalur Panchayat could be selected by the Three Members Committee that has to be constituted by the Head of the Department of
Sociology, Loyola College, Chennai. We are in total agreement with his submission. Hence, we are inclined to direct the Head of the Department
of Sociology, Loyola College, Chennai, to constitute a Three Members Committee of students who did some work on the project, to choose the
beneficiaries.
Accordingly, the Head of the Department of Sociology, Loyola College, Chennai is directed to constitute a Three Members committee
consisting of students to find out 40 deserving persons from Vayalur Panchayat and 22 deserving persons from Raja Nagar for allotment of
houses. The Committee is at liberty to choose the beneficiaries. The District Collector, Kancheepuram and the Superintendent of Police,
Kancheepuram are directed to render all their assistance to the Members of the Committee, further assuring their safety and security from the
hands of unscrupulous elements. The Head of the Department of Sociology, Loyola College is directed to pursue the selection of beneficiaries and
to complete the process of choosing beneficiaries within a period of eight weeks from the date of receipt of a copy of this judgment.
While dismissing the writ petition in W.P. No. 19082 of 2008, the writ petition in W.P. No. 15517 of 2008 is disposed of with a direction to
the District Collector, Kancheepuram District, Kancheepuram and the Superintendent of Police, Kancheepuram District, Kancheepuram to
immediately vacate the persons, who have illegally occupied the houses that were constructed for the Tsunami affected victims by the Petitioner in
W.P. No. 15517 of 2008, barring the 28 persons whose names are given above.
The writ appeals in W.A. Nos. 787 to 790 of 2010 deserve to be allowed, since Mr. L. Yesumarian, Petitioner in W.P. No. 15517 of 2008,
who is a necessary party, was not made as a party Respondent and more particularly in view of the fact that the writ petition in W.P. No. 15517
of 2008 is decided in his favour. Accordingly, W.A. Nos. 787 to 790 of 2010 are allowed. No costs. Consequently, connected Miscellaneous
petitions are closed.