Madras High Court
The Adirampattinam Education Trust vs The Government Of Tamil Nadu on 21 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD)No.362 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.362 of 2021
and
C.M.P.(MD)Nos. 1261 of 20221 & 14808 of 2023
1.The Adirampattinam Education Trust,
Adirampattinam Represented by its Secretary,
M.S.Tajudeen
2.The Iman Shafi (RAH) Matric Higher Secondary School,
Represented by its Correspondent,
M.S.Tajudeen ... Appellants
Vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Revenue and Disaster Management Department,
Secretariat, Chennai.
2.The Principal Secretary to Government,
Commissioner of Land Administration,
Ezhilagam, Chepauk, Chennai.
3.The District Collector,
Thanjavur District, Thanjavur.
1/6
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W.A.(MD)No.362 of 2021
4.The Adirampattinam Town Panchayat,
Rep. by its Executive Officer,
Adirampattinam. ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.1107 of 2020, dated 12.03.2020 on the file of
this Court.
For Appellants : Mr.R.Gowri Shankar
For R1 to R3 : Mr.S.P.Maharajan,
Special Government Pleader
For R4 : Mr.A.Rahul
JUDGMENT
(Judgment of the Court was delivered by V.LAKSHMINARAYANAN, J.)
This Writ Appeal is preferred against the order dated 12.03.2020 passed
in W.P.(MD)No.1107 of 2020.
2.The lands situated in Survey No.313/2 at Adirampattinam Village,
Pattukottai Taluk, Thanjavur District had been acquired by the Government of
Tamil Nadu for the benefit of Adirampattinam Town Panchayat.
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3.The purpose of acquisition was to run a Radio Park. The acquisition
was made in the year 1946. On the request of the appellants, the property was
handed over to them for the purpose of using the park for the school. The lease
expired and it was prompted the appellants to present a suit in O.S.No.50 of 2009
on the file of the District Munsif Court, Pattukottai for the relief of permanent
injunction. The said suit was decreed on 16.12.2009, holding that the plaintiffs
should not be evicted except otherwise in accordance with law.
4.Following the dicta of the civil Court in O.S.No.50 of 2009, O.S.No.
146 of 2010 was presented for eviction and for recovery of arrears of lease
amount. The said suit was decreed on 22.12.2014. Aggrieved by the same, an
appeal was preferred in A.S.No.9 of 2015 to the file of the Sub Court, Pattukottai
and the said appeal was also dismissed on 22.08.2019. Further appeal to this
Court in S.A.(MD)No.559 of 2019 also dismissed on 26.11.2019. Considering the
request of the appellants herein, who were also the appellants in S.A.(MD)No.559
of 2019, this Court granted time till the 2nd week of March, 2020 to vacate and
hand over the possession to the Panchayat Board / 4th respondent. After the
dismissal of the Second Appeal, the present Writ Petition seems to have been
filed.
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5.The learned counsel appearing for the appellants would argue that the
District Collector had recommended the case of the appellants for grant of
assignment of the property in favour of the appellants. Therefore, the relief they
had sought for was for a Mandamus to grant the aforesaid lands to the writ
petitioners.
6.The recommendation of the District Collector does not grant any
vested right to the appellants to claim right over the property. The decree of the
civil Court is clear and as on today, the 4th respondent is the owner of the property
and on the request of the appellants, time was granted till the 2nd week of March,
2020 to hand over the possession.
7.Further, under the guise of the recommendation of the District
Collector, the appellants cannot continue to be in possession of the property. The
learned Single Judge has analyzed the pleadings and come to a categorical
conclusion that the decision of the District Collector would not create any right in
favour of the writ petitioners. We are entirely in agreement with the learned
Single Judge. Having suffered with the decree, the writ petitioners cannot
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continue to be in possession, especially, when on the request of the appellants,
time was granted to hand over the possession. If such prayer is entertained, then it
will amount to setting at naught the decree of the civil Court.
8.In the light of the above, this Writ Appeal stands dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) & (V.L.N., J.)
21.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
To
1.The Secretary to Government,
Government of Tamil Nadu,
Revenue and Disaster Management Department,
Secretariat, Chennai.
2.The Principal Secretary to Government,
Commissioner of Land Administration,
Ezhilagam, Chepauk, Chennai.
3.The District Collector,
Thanjavur District, Thanjavur.
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S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
21.11.2023
https://www.mhc.tn.gov.in/judis
