REVIEW PETITION 14690/2009 on 3 February 1982

1. The Chief Postmaster General,Tamil Nadu Circle, Chennai

2. The Postmaster General,Western Region,Coimbatore 641 002

3. The Senior Superintendent of Post office,Coimbatore Division,Coimbatore...respondents Petition filed to review the order passed in W.A.No.303 of2013 dated 20.02.2018.

Prayer in WA 303/13 : Writ appeal filed under clause 15 ofLetter Patent against the order dated 30/07/2012 made in ReviewApplication No.67/2012 in WP 14690/2009.

Prayer in WP 14690/2009 : Petition filed under Article 226 ofthe Constitution of India praying the issue a writ of mandamusdirecting the respondent to come forward with an acceptancefor the alternative post office building by takingcognizance of the Memorandum of Agreement dted 25/0/1989 wth regard to change of place rom lotion in TS No. 34-2B-4 TS No. 34- 2B -5 Gandhipuam at the rear side of Lakshmi Complexcroscut road coimbatore to the proposed alternative site withthe post office building to be constructed as per thespecification of the department of post by demlishing theexisting structure at swarnambika layout near cross cut road coimbatore For petitioner : Mr.L.Chandrakumar For respondent : Mr.V.Balasubramanian K.K.SASIDHARAN, J.

This Court, taking into account the memorandum of agreementexecuted between the applicant and the respondents dated 25October 1989 and the dispute that arose subsequently inconnection with the construction of the building, due to thechange of site offered by the applicant, passed an order withthe consent of both the parties, directing the applicant toallot a portion of the land acquired earlier and situated atAnupparpalayam, Cross Cut Road, Coimbatore for construction ofthe building to house the Post Office complex and to completethe construction of the building in a time bound manner. Such anorder was passed taking into account the fact that the postaldepartment sacrificed the public interest by agreeing to cancelthe proceedings initiated for acquisition under the LandAcquisition Act, 1894 and agreed to take a constructed buildingwith an area of 4800 sq.ft. from the applicant. Even thoughNotification for acquisition under Section 4(1) of the Act wasissued on 3 February 1982, the fact remains that the PostalDepartment is not having its own building at Coimbatore eventoday and litigation is coming one after another.

2. The review petition is filed by taking up the samegrounds which were taken earlier and rejected by this Court. Thecontentions taken in the earlier round of litigation arereiterated in the present review petition.

3. This Court taking into account the background facts,issued the following directions, after discussing the matter atlength with the learned counsel for the applicant and thelearned Standing counsel for the respondents. The consent of theparties is reflected in paragraph 15 of the judgment dated 20February 2018. It reads thus :-

15. The Postal Department is preparedto accept the building in case it isconstructed strictly in accordance with theagreement dated 25 October 1989. Theappellant is agreeable for such a course. Weare therefore of the view that appropriatedirection should be issued in publicinterest, taking into account the memo ofagreement dated 25 October 1989 and thewillingness shown by the appellant toconstruct a new building by making use of aportion of the acquired land. We therefore issue the following directions.

4. The following directions were issued to give a quietusto the entire matter.

16 (i) The appellant shall allot aportion of the land acquired earlier andsituated at Anupparpalayam, Cross Cut Road,Coimbatore, for construction of Post OfficeComplex.

ii) The land required for constructionof a building with a plinth area of 4800sq.ft with set back on all the sides,approach road and parking mail motorvehicles and other vehicles out of theacquired land will be identified by the PostMaster General, Coimbatore along with theEngineer from the Central Public WorksDepartment or any of the Engineers of theirchoice.

iii) The plan for the building, takinginto account the need of the PostalDepartment and as indicated in Clause No.3of the agreement dated 25 October 1989should be drawn by the Post Master Generalin accordance with the applicable buildingregulations.

iv) The plan so drawn shall bepresented by the appellant to theappropriate planning authority. Theappellant and the Postal Department shalltake follow up action with the PlanningAuthority.

v) The appellant shall commence theconstruction immediately after obtainingplanning permission and complete it within aperiod of one year.

vi) The building with all the amenitiesas per the specification of the PostalDepartment shall be delivered to theDepartment within one year from the date ofsanctioning the building plan.vii) The lease term and rent should beas per the Memorandum of Agreement dated 25October 1989.

viii) The appellant shall abide by theterms and conditions of the agreement dated25 October 1989 in its entirety.

ix) In case, the appellant fails tocomply with the above direction or delay thematter, liberty is given to the Postal Department to proceed with the acquisitionfor acquiring 1 acre and 11300 sq.ft. asindicated in the notification dated 3February 1982.

5. There is no question of reviewing the judgment passedwith the consent of the parties. The order was passed in thebest interest of the applicant and the Postal Department. Thenecessity to complete the construction of the building for postoffice at Coimbatore was also a reason for the earlierresolution of the dispute in the manner indicated in paragraph16 of the judgment. We are therefore of the view that there isno ground made out for review of the judgment.

6. This Court directed the applicant to commenceconstruction within a period of one year. In view of theinitiation of the review application and the pendency of thematter before this Court, time limit of one year would commencefrom the date of this order.

7. The review application is disposed of as indicatedabove. No costs.

Sd/-Assistant Registrar(CS )

//True copy//

tar

Sub Assistant Registrar

To

1. The Chief Postmaster General,Tamil Nadu Circle, Chennai

2. The Postmaster General,Western Region,Coimbatore 641 002

3. The Senior Superintendent of Post office,Coimbatore Division,Coimbatore +1cc to Mr.S.Saravanan, Advocate SR.No.36042

NRL(CO)GMY(22/05/2019)

Review Appl. No.177 of 201