THE LAND –HOUSE GRAB:

[Dravida Peravai waged a fierce battle to save innocent victims who had fallen prey to greedy politicians in power. With 15 party supports Dravida Peravai started the agitation. The Lt.Governor of Puducherry ordered for CBI enquiry but there was no sign of CBI coming forward. So as Convener of Anti House/Land Grab Action Committee comprising 12 political parties met Indian Prime Minister Atal Bihari Vajpayee on 17th December 1998 and Indian Home Minister L.K.Advani on 19 th

December 1998. The delegation met Opposition leader Sharad Pawar, and many others. Meanwhile few parties deserted the struggle. Then in 1999 with 8 political parties went to Chennai and held demonstrations demanding CBI to take up the ordered enquiry into land grab. CBI came, enquired but kept report in cold storage. Hence Dravida Peravai approached Supreme Court of India; the petition filed is given in verbatim. A perusal of this petition will reveal the Operation Land Grab involving many political parties. The WEEK report is given as visual. In end the Supreme Court order is given….N.Nandhivarman, General Secretary Dravida Peravai]

SYNOPSIS AND LIST OF DATES

The departure of the French from Pondicherry left several

important and singular issues as are not faced by other citizen of

Indian Union. Having failed to persuade the Govt. of India to

grant citizenship, the French offered an option to its subject in

French Pondicherry for option of nationality. As many as 7,000

citizens to remain French nationals and hold property in the Union

Territory. 70,000 Pondicherry Indian Citizens work in France.

The French maintained land and municipal records. The French

handed these records to Indian officials. After their departure

New Survey was under taken and new maps and numbers were

given to houses and plots and agricultural land.

The troubles started as people felt that the new survey has not

been properly done. When they tried to find old records it was

learned that some of the old record is not available and had either

been destroyed or stolen away by old hands of the municipal and

revenue department.

Gradually fake sale deeds and forged documents started

appearing and bogus claims and criminal possessions began.

Unfortunately, it went un-checked by administration and the crate

with muscle power made it their profession and the lands,

bunglows houses of absentee French Indian Nationals were

targeted. Later land and house grabbing attained such

proportions that political parties made an issue government was

approached, some of the raids by police confirmed the fears of

trouble that old employees were found to be in illegal possession

of revenue records.

When things became more serious agitations by political parties

was started media also came to help and published the sordid

state of affairs. A delegation of all political parties met the Lt.

Governor and insisted on C.B.I. enquiry. The Governor was

pleased to recommend an C.B.I. enquiry but not much came out

of it till now. Hon'ble Defence Minister was approached, Hon'ble

the Home Minister and lastly even the Prime Minister was

apprised of this loot. A memorandum was given to him.

The French Government also became alive to this land grabbing

menace and questions were put in their Senate. A Senator visited

in India.

Individually people went to courts even High Court. The police

and the C.B.I. have so far not been able to stem the rot. Now

police is no longer co-operative and treated it as a mere civil

litigation problem. No charge sheet has till day been filed by C.B.I.

No conviction has been obtained. No one who lost his

possession been able to get it back. Hence this writ petition.

28.05.1956 Treaty of Cession of French establishment of Pondicherry,

Kariakal, Mahe and Yaman signed.

15.10.1998 Letter by the petitioner to Hon'ble the Defence Minister Mr.

George Farnendes (Confidential) about theft of land Records

of French era.

02.12.1998 Memorandum to Her Excellency the Lt. Governor of

Pondicherry about land grabbing by all political parties.

17.12.1998 Memorandum by all political parties to Hon'ble are the Prime

Minister.

17.12.1998 Call attention motion question No.12957 moved in the Senate

of French Parliament.

26.12.1998 The Houses of Ex-officials raided for records of land of French

era.

27.12.1998 The Hon'ble Defence Minister assured through letter about the

action.

03.05.1999 Memorandum to Director C.B.I. by political parties.

30.08.2003 Letter by the petitioner to Hon'ble Defence Minister informing

further case of grabbing. .01.2004 Hence this Writ

Petition for kind consideration of this Hon'ble Court.

IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

WRIT PETITION (CIVIL) NO. OF 2004

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:-

N. NandhivarmanGeneral SecretaryDravida PeravaiHaving its office at 28, Romain Rolland Street,Pondicherry – 605 001.

…Petitioner

VERSUS

1. The Union of Indiathrough the Cabinet SecretaryGovernment of India,Ministry of Home Affairs,New Delhi – 110 001.

2. The Government of Pondicherry, represented by its Chief Secretary to the Government of Pondicherry, Secretariat Buildings, Goubert Avenue,

Pondicherry – 605 001.

3. The Director of Central Bureau of Investigations,New Delhi.

...Respondents

A PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA FOR ISSUANCE OF A

WRIT, ORDER OR DIRECTION IN THE

MANDAMUS OR ANY NATURE, TO HELP NEEDY

PEOPLES IN DISTRESS AND ESPOUSE THEIR

CAUSE AGAINST ORGANIZED CRIME AND MAFIA

ON ONE HAND AND HELP THE PUBLIC AGAINST

HIGH HANDEDNESS OF STATE OFFICIALS AND

AGITATE ISSUES OF PUBLIC INTEREST FOR

GRANT OF RELIEFS.

TO

HON'BLE THE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF

THE SUPREME COURT OF INDIA.

THE HUMBLE WRIT PETITION OF THE

PETITIONER ABOVENAMED.

MOST RESPECTFULLY SHOWETH:

1. The petitioner is a citizen of India by birth and resides

permanently in Pondicherry. He is the General Secretary of Dravida

Peravai, a Political Party, registered a Regional political party with the

Election Commission of India, whose object is to help needy people in

distress and espouse their cause against organized crime and mafia

on one hand and help the public against high handedness of state

officials and agitate issue of public interest. It works for peace and

harmony in different sections of people and work for national

integration.

2. That the petitioner as general secretary and an active member of

the party is constantly approached by needy, poor, deprived people

for help. Since he is devoted to public cause he has been for long

associated with the problems of the people of Union Territory of

Pondicherry.

3. That the problems of Pondicherry are aggravated as this French

Territory was for long administered by French laws for French

nationals of Indian Origin. The petitioner had been associated with

their problems for almost two decades. The long absence of some its

citizen attracted the greedy eyes of miscreants and they started

occupying such premises left locked for going to France.

4. That when land and property grabbing of French nationals of

Indian origin and later even of other citizens of Pondicherry obtained

serious dimensions the petitioner was flooded with complaints. The

media and other political parties also awoke to these problems. The

problems became graver and way back in December 1998 the leaders

of political parties agitated and one day token hunger strike was

jointly organized by the party of the petitioner with other parties like

B.J.P., AIADMK, DRAVIDA PERAVAI, PMK, R.J.D., SAMTA, JANATA,

D.K. etc. The petitioner joined their hunger strike and informed the

Hon'ble Defence Minister earlier on 15.10.1998. A Photocopy of the

letter is being filed as ANNEXURE: P-1. He alongwith other political

leaders met the then Lt. Governor of Pondicherry and submitted a

memorandum signed by him along with others. A Photocopy of Memo

dated 02.12.1998 is being filed as ANNEXURE: P-2 to this petition.

5. That later he was a member of delegation which called upon the

Prime Minister of India Sri Atal Behari Vajpai on 17.12.1998 at Delhi

to bring his kind notice to this problem. He was also a signatory to

the Memorandum submitted to the Hon'ble Prime Minister by this

delegation. A photocopy of the said Memorandum dated 17.12.1998

is being filed and marked hereto as ANNEXURE: P-2 to this petition.

6. That he has been in constant touch with Sri George Fernandes,

the Union Defence Minister and President of Samta Party which is the

associate party of the petitioner. He was informed about the land

grabbing mafia vide his letter being filed hereto and marked as

ANNEXURE: P-3 .

Petitioner was a member of the delegation that met the Joint

Director of C.B.I. on 03.05.1999. The petitioner also represented the

case of these unfortunate French nationals regarding their problem of

property and land grabbing to the Senator o French Parliament,

Hon'ble Jean Pierre Cantegrit. Thus the petitioner has been

associated with this Public cause for a very long period. He is fully

competent to file this writ petition in public interest.

7. That this Public Interest Petition is being filed before this

Hon'ble Court directly because:-

A) The leading political parties tried their best to obtain some relief

for the suffers and approached the Governor who had

recommended C.B.I. enquiry but later nothing came out of it. A

cell was created under the Collector to hear complaints and then

it was closed.

B) The matter has international implications and questions are

being raised in French Parliament about this house and land

grabbing grave problem that is being faced by French nationals

of Indian Origin. Madame Monique Cerisier ben Guiga a ruling

party member of Parliament had brought a call attention motion

no.12957 in French Senate drawing the attention of the Minister

for foreign affairs on spoliation of the immoveable belongings for

which the French in Pondicherry are the victims. Copy of the

Question translated dated 17.12.1998 duly is annexed and filed

hereto as ANNEXURE: P-4 to this petition.

C) The organized mafia has the blessings of the ruling party as also

a nexus to corrupt officials. The allegations by the people and

appearing frequently in media are that many political big wigs

are helping this land grabbing mafia. That is why the police,

which had in raids recovered from 5 ex-official of revenue

department who helped grabbers in preparation of false records

and maps to assist the land no other agency of government

came forward to the assistance of the harassed persons. Even

a senior police office of the rank of Superintendent now is being

accused by public for looking the other way in this matter. A

Photocopy of the News Paper reporting dated 26.12.1998 is

being annexed as ANNEXURE: P-5 to this petition.

D) This Hon'ble Court has disapproved the activist role played by

High Court in the matter of Guru Vayoor D. Managing Committee

v. C.K. Rajan – 2003 (7) SCC 546.

8. That individual matter has referred by litigants to the High Court

of the State and their writs are pending before the High Court but the

direction of that Hon'ble Court are not be complied and cared by

various departments of the Government of Pondicherry. The High

Court has been approached for getting FIRs registered as police

refused to do so. The problem is too deep, burden too heavy on

individuals to carry on. There has to be thorough enquiry, the

revenue records from the time of French are to properly located and

used; many holes already dug like destroying important records are to

be filled and individuals are to be made fearless so that they can

come forward and approach the fact finding body. Now due to the

scare spread they are afraid of doing so. All political parties have

sought the intervention of the State Administration of the Hon'ble

Governor, Hon'ble Home Minister, Defence Minister and found no

opening. Encouraged by this weak attempts the grabbers are getting

bold every day and are grabbing larger chunks either by forceful

occupation, bogus sale deeds or even arm twisting sales.

9. That intervention of this Hon'ble Court is also being sought so

that the cession treaty with a friendly country France may be

respected in letter as well as in spirit. What is more the message of a

law abiding country has to go to this great European County which is

so caring even for its nationals of Indian Origin. So far not a single

case has been reported or learnt in which the robbed person has been

put back in possession over the house, land or landed property in the

Union Territory.

10. This Union Territory has its uniqueness as no other State of

Indian Union possesses. The treaty of cession of the French

establishments of Pondicherry, Karaikal, Mahe and Yenam was signed

on 28.05.1956 between Indian Prime Minister Shri J. L. Nehru and S.

Ostrorog, Ambassador extra-ordinary and plenipotentiary of France in

India. Article 15 of this Treaty is relevant reads as follows:-

“Article 15:-

The records of the Registrars office upto date of Cession,

shall be preserved in accordance with the rules applicable

to them on that date and copies or extracts of the

proceedings shall be issued to the parties or authorities

concerned.”

11. As stated above there are about 7000 French nationals of Indian

Origin and about 70,000 Indian Nationals working in France. It is

largely they who due to their absence and others due of their

weakness or machinations, forgery and false entries prepared by the

robbers and their cohorts in revenue that full prey to land grabbers.

12. That it was the hue and cry affected parties that attracted the

attention of media and political parties so that the could unite cutting

party rivalry and difference on this issue. As stated earlier leaders of

AIDMK, B.J.P., PMK, MDMK, Dravida Peravai, Lok Sakthi, T.N. Rajiv

Congress, Samta, C.P.I. (ML), CPI (ML) led by Kathir Su Mani, Gandhi

Kamraj National Congress, Dravida Kazhagam, Dravida Kazhagam

(R), Rastriya Janata Dal, Janata met the then Lt. Governor Her

Excellency Dr. Rajani Rai and submitted a Memorandum bringing this

affairs to sorry state to her kind notice. Prayer was made to Her

Excellency to take measures and order exhaustive enquiry about

these grabbings and forging of wrong map, and records of revenue.

The petitioner learns that she had recommended to the government to

ask C.B.I. to investigate into the matter. A photocopy of the

Memorandum is Annexure: P-1 to this petition.

13. That after a fortnight the leaders of all these parties came to

Delhi and met all the leaders of national political parties the Defence

Minister, the Home Minister and the Prime Minister. A Memorandum

was submitted to the Hon'ble Prime Minister bringing a comprehensive

brief of the woes of the peoples of Pondicherry. Copy of the

memorandum is being filed as Annexure: P-2 to this petition.

14. That on 15.10.1998 the petitioner as Secretary of Dravida

Peravai had brought to the notice of Samta Party President and the

Defence Minister about the theft of important land records ‘Cadastre

and Paimache’ left behind by the French Administration. Latter a bi

weekly Junior Vikatan in its issue dated 11.11.1998, exposed the

racket of bogus land record manufacture. S.P. (Vigilance And Anti

Corruption) raided some places and recovered massive evidences of

fabrication of bogus documents. The old records were also recovered

from the possession of some of the old employees of the revenue

department confirming the existence of a nexus of officials, political

high ups and the mafia dons.

15. That matter attracted the attention of French legislature and as

far bas as 17.12.1998 Madame Monique Cerisier ben Guiga drew the

attention of the Minister of Foreign affairs on the spoliation of

immovable belongs for which French in Pondicherry are victim through

call attention motion No.12957.

16. That the French nationals joined the political parties and in the

assembly questions were put about these grabbing matters. The

government admitted that 106 complaints were received and enquiries

are being made in 92 cases. This may appear a good answer but so

far no progress has been made by the C.B.I. who is supposed to be

investigating the matters. The Defence Minister was kind enough to

convey to the petitioner that Home Ministry is taking action on our

complaint. A photocopy of his letter dated 27.12.1998 is being filed

as ANNEXURE: P-6 .

17. That having waited for quite time the political party leaders

met the Director of C.B.I. at Shastri Bhavan, Chennai and submitted to

him a memorandum on 03.05.1999. A photocopy of the same is

annexed as ANNEXURE: P-7 . The petitioner also wrote to Hon'ble

Defence Minister on 30.08.2003 for grave violation of property. A

Photocopy of the letter dated 30.08.2003 is being filed as

ANNEXURE: P-8 .

18. That the petitioner in order to bring pressure on authorities

submitted a memorandum to French senator Monsieur Jean Pierre

Cantegrit who visited Pondicherry. But all these years neither C.B.I.

nor any other agency has come to the assistance of such disposed

persons. A fresh spurt of land grabbing and house grabbing was

noticed in December, 2003. Rejya Sabha Member and Congress

Committee President V. Narayanaswamy and senior advocate and

Vice President of D.M.K. (Pondicherry) Sri C.P. Thirunavukkarasu

have stated that high level police officers with connivance of some

media person are now helping these land grabbers.

19. That unfortunately whenever a matter of this nature are sought

to be reported with police these are not treated as criminal offences

and are treated as civil disputes. In the civil courts the C.P.C. lays

down such a procedure that one -generation gets exhausted in

pursuing the remedy. The result is that people have lost the heart to

fight it out. In fact an individual has hardly any chance against

organized crime.

20. That a civilized society bases its foundation on righteous part

and respect for law and democratic way of life are the accepted mode

not only of an individual but also of healthy society. Things can be

controlled. A will to do has to be found in those who handle

administration. Gangs howsoever strong they may appear have are

bound to sink if torpedoed by organizing a body inside with the help of

governments which shall take up the basic task of examining the old

revenue records. Even if the revenue records at Pondicherry have

been mutilated, lost of manipulated photocopies can be availed from

the duplicate copy safe with French government. All the matters

reported so far should be investigated and a climate of confidence in

the processes of law and it majesty has to be so projected that the law

breaker gets afraid of punishment and the fear from the minds of

common man goes. In this role of C.B.I. revenue officials and public

men of integrity can be coordinated under the guidance and

supervision of some authority/Court.

21. That after from fulfilling the mandate of Article 21 of the

Constitution, the actions taken in right direction shall India a win the

appreciation of French people. That shall be an example even other

states of Indian Union who are getting a taste of organized crime.

The wrongful acts are violative of the umbrella provided by Article 21

and Article 14 of the Constitution of India. Hence this petition is

submitted on the following amongst other:-

GROUNDS

A) Because right to property and peaceful living is the mandate of

the Constitution. The wrongful acts are violative of the umbrella

provided by Article 21 and Article 14 of the Constitution of India.

B) Because French nationals of Indian Origin in India have to be

given the same umbrella of law as to Indians of India origin. The

message of international lure has to go about India as a highly

law respecting country.

C) Because International ramifications of the matter demand a

different and more deliberate approach in solving the matters.

The matter is in a way a test of the country to respect the

commitment that it gave to France while French left the shores

of this country without a murmur with quite dignity and since

then have always stood with India in international matters.

D) Because individual problems cannot be solved by agitating

different matters in the courts on even the High Court.

E) Because this Hon'ble Court in Bandhua Mukti Morcha V/s Union

of India - 1984 (3) S.C.C. 161 have already shown a path

through which the challenge of Ex-Prime Minister in himself in

Ex. P.M. Chandra Shekhar V/s B.L. Vadhera 2002 (9) S.C.C.

108 another land mark for land grabbing has been achieved.

F) Because this Hon'ble Court has disapproved the activism and

course taken by High Court in the matter of Guruvayoor

Devawom Managing Committee V/s C.K. Rajan 2003 (7) SCC

546.

22. That the petitioner has not filed any other petition before the

High Court or this Hon'ble Court for the similar relief.

PRAYER

In the aforementioned premises, the petitioner most humbly and

respectfully prayed that Your Lordships may graciously be pleased

to:-

a) issue a writ or in the nature of mandamus directing the Union

Home Ministry under whose control the Union Territory is being

administered to complete the probe by Central Bureau of

Investigation and to probe all land grabbing cases reported till

date in media or pending as civil suits in local courts and to

bring the culprits to book irrespective of their political or official

connection;

b) issue a writ of or in nature of mandamus directing the

Government of Pondicherry to call for original records from

French Archives and to compare it with whatever un-stolen

records we have to trace the missing links to fill the gaps and to

restore proper land survey and property records in a

computerized manner ensuring clean records for the holders of

title thereby ending the circulation of bogus and manufactured

documents in circulation and the unnecessary civil suits cause

by clashes over title by legal and illegal owners of properties;

c) issue a direction to the Union Home Ministry to probe into the

massive wealth amassed by public officials revenue and police

helping the grabbers and to bring all culprits to book by sending

a special team to take immediate action on errant officials

involved in aiding abetting promotion and shielding land

grab/house grab in Pondicherry; and

d) pass any other order or orders as Your Lordships may deems fit

and proper in the ends of justice.

Drawn by: Filed by:

VINAI SINGHADVOCATE

NEW DELHI

DRAWN ON : 20 .01.2004 (R.D. UPADHYAY)ADVOCATE FOR THE PETITIONER

FILED ON : 21.01.2004

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO. OF 2004

IN

WRIT PETITION (C) NO. OF 2004

IN THE MATTER OF :

N. Nandhivarman …Petitioner

Versus

The Union of India & Others. …Respondents

APPLICATION FOR EXEMPTION FROM FILING OFFICIAL

TRANSLATION

TO

HON'BLE THE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF

THE SUPREME COURT OF INDIA.

THE HUMBLE WRIT PETITION OF THE

PETITIONER ABOVENAMED.

MOST RESPECTFULLY SHOWETH:

1. That the petitioner has filed the accompanying writ petition

under Article 32 of the Constitution of India.

2. The facts and circumstances leading to this application have

been set out in detail in the writ petition, they may be treated as part

and parcel of this application as they are not being repeated for the

sake of brevity.

3. That the petitioner has filed Annexure P/5 duly translated into

English, the originals of which is being in French language. The said

translation has been done by an French knowing expert and the same

may be taken on record as true and authentic.

Interest of justice would be served if the petitioner be exempted

from filing official translation of Annexure P/5 as this stage.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court

may be graciously pleased to:

a) exempt the petitioner from filing official translation of Annexure

P/5 and pass order for taking on record of the same as true and

authentic;

b) pass such other or further orders as may be deemed fit and

proper.

Drawn by: Filed by:

VINAI SINGHADVOCATE

NEW DELHIFILED ON : .01.2004 (R.D. UPADHYAY)

ADVOCATE FOR THE PETITIONER

INDEX

S. NO. PARTICULARS PAGE NOS.

1. Synopsis and List of Dates A

2. Writ Petition with Affidavit. 1 -

3. ANNEXURE: P-1 :- Copy of the letter dated 15.10.1998 by the petitioner to Defence Minister.

4. ANNEXURE: P-2 :- Copy of the memorandum dated 02.12.1998 given to the Her Excellency the Lt. Governor of U.T. Pondicherry.

5. ANNEXURE: P-3 :- Copy of memorandum dated 17.12.1998 given to the Hon'ble the Prime Minister of India.

6. ANNEXURE: P-4 :- Translated copy of the question in French Senate dated 17.12.1998

7. ANNEXURE: P-5 :- Copy of the new item published in ‘The Hindu’ dated 26.12.1998.

8. ANNEXURE: P-6 :-Copy of letter dated 27.12.1998 by the Defence Minister to petitioner.

9. ANNEXURE: P-7 :- Copy of the memorandum to C.B.I. Director, Chennai, dated 03.05.1999.

10. ANNEXURE: P-8 :- Copy of letter dated 30.03.2003 of the petitioner to the Defence Minister & President of Samta Party.

11. Application for exemption from filing official translation.

SUPREME COURT OF INDIA

Writ Petition [Civil] No 70 of 2004

N.Nandhivarman versus Union of India

Hon’ble Chief Justice

Hon’ble Justice S.H.Kapadia

Upon hearing the Counsel the Court made the following

ORDER

We are of the view that the petitioner has a remedy by filing

a petition under Article 226 of the Constitution of India. This

petition is misconceived.

With these observations the writ petition is accordingly

dismissed.

23.02.2004