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THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NOS.14705 OF 2013 & 13313 OF 2017 AND W.M.P. NOS. 14311 & 14312 OF 2017. For Petitioner : Mr. P.Wilson, SC, for Mr.V.Chandrasekaran in WP 13313/17 Mr. AR.L.Sundaresan, SC, for Mr.V.Chandrasekaran in WP 14705/13 For Respondents : Mr. P.Sathish, AGP for RR-1 to 3 in both WPs Mr.R.Viduthalai, SC, for Mr. K.S.Jeyaganesan for R-4 in WP 13313/17 Mr. Naveen Kumar Murti for Ms. S.Varsha for R-5 in both petitions Mr. S.P.Yuvaraj for R-6 in WP 13313/17 Mr. Vijayakumar for R-4 in WP 14705/13 COMMON ORDER the result the following order is passed :- i) Both the writ petitions fail and, accordingly, they are dismissed; ii) The writ petitions are maintainable and the purchase made by London Missionary is only with regard to the building and not the land and neither London Missionary nor the petitioner have absolute right and title over the extent of 12.66 acres of land; iii) The land to the extent of 12.66 acres, aforesaid, vests absolutely with the State Government and there is no embargo for the State Government to proceed with the formation of 80 Feet Road and no acquisition needs to be resorted to for utilizing the said lands; iv) The Chief Secretary and Revenue Secretary, Government of Tamil Nadu, Chennai, are directed to issue necessary directions to Commissioner of Land Administration as also the Commissioner of Land Survey and Settlement, Government of Tamil Nadu, Chennai, to take steps forthwith to identify the lands for which ground rent/quit rent is being paid and take necessary action for retrieving the said lands to the coffers of the State Government. v) Consequently, connected miscellaneous petitions are closed. In the circumstances of the case there shall be no order as to costs. vi) Registry is directed to mark a copy of this order to the Chief Secretary and Revenue Secretary, Government of Tamil Nadu, Chennai for appropriate action.
by Sekar Reporter · Published December 2, 2022
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W.A.No.2388 of 2022 and C.M.P.No.18244 of 2022 PARESH UPADHYAY, J. and D.BHARATHA CHAKRAVARTHY, J. (Order of the Court was made by PARESH UPADHYAY, J.) Challenge in this appeal is made to the order dated 09.09.2022 recorded on W.P.No.17798 of 2022. This appeal is by. M.Ravi, learned advocate for the appellant / writ petitioner and Ms.R.Vaigai, learned Senior Advocate for Ms.Anna Mathew, learned advocate for the fourth respondent (complainant) have addressed the Court at length. Mr.R.Sankara Narayanan, learned Additional Solicitor General for India assisted by Ms.R.Hemalatha, learned advocate has appeared for respondent authorities (respondent Nos.1 to 3 & 5) has also addressed the Court.
by Sekar Reporter · Published November 6, 2022
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Answers to the Issues : I concur with the findings of the Trial Court in respect of the issue No.1 in the Original Suit that the suit is maintainable. I concur with the findings of the Trial Court that the order made in O.A.No.34 of 1995 and O.A.No.37 of 1985 are final. I answer the issue No.3 in the Original Suit that the plaintiff is entitled for declaration. I answer the issue No.4 in the Original Suit that the second defendant is the Hereditary Trustee of the first defendant, endowment. I answer the issue No.5 in the Original Suit that the plaintiff is also entitled for recovery of possession from the second defendant. As far as the damages and quantum are concerned, opportunity is given for the plaintiff to comply by way of an application for quantification of the damages as to be recovered. Therefore, the judgment and decree of the Trial Court does not need any interference. The Result: In the result, this Appeal Suit in A.S.No.397 of 2010 is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 14.12.2022 Index : yes Speaking order grs To The VI Additional Judge, City Civil Court, The Section Officer, V.R.Section, High Court of Madras. D.BHARATHA CHAKRAVARTHY, J., grs Pre-Delivery Judgment in A.S.No.397 of 2010 and M.P.No.1 of 2010 14.12.2022 [1] 2011-2-L.W. 1 [2] (2006) 1 SCC 257, para No.7
by Sekar Reporter · Published December 30, 2022
