Madras High Court
The Vaniyambadi Muslim Educational vs The Secretary on 8 August, 2016
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.08.2016 CORAM: THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.27487/2016 & WMP.Nos.23683 & 23684/2016 The Vaniyambadi Muslim Educational Society, Post Box No.114, Vaniyambadi-635751 Vellore District, rep. By their General Secretary Mr.C.Khaiser Ahmed .. Petitioner Vs. 1.The Secretary State of Tamil Nadu Land Revenue Department Fort St George, Chennai 600 009. 2.The District Collector Vellore District, Vellore. 3.The Tahsildar Vaniyambadi Taluk, Vaniyambadi, Vellore District. 4.The Director of Collegiate Education, 9th Floor, EVK Sampath Building College Road, Chennai 600 006. 5.The Registrar, Thiruvalluvar University, Serkkadu, Vellore 632 115. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorari calling for the records of the 3rd respondent ending with the Notice No.Na.Ka.B1/6405/2016 dated 18.07.2016 and quash the same. For Petitioner : Mr.Habibullah Badsha Senior Counsel assisted by Mr.S.D.S.Philip & M/s.Maimoona Badsha For RR 1 to 4 : Mr.R.Govindasamy, Spl.GP For R5 : Mr.V.Gangadharan O R D E R
By consent, the writ petition is taken up for final disposal.
2a The Revenue Board Office, Land Revenue, vide G.O.Ms.No.2869, Revenue, dated 22.12.1915, had sanctioned the temporary lease of 6.50 Acres of Land in Vaniyambadi New Town, North Arcot District, to the Principal, Madrasa-e-Islamiah for use as a Playground to be attached to the School subject to the following conditions:-
[1] The land shall be used as the Playground and shall always be kept neat and tidy.
[2] No permanent building shall be erected on it.
[3] A rent of rupee one acre shall be laid annually ; and [4] The site shall be vacated and handed back to Government in good order without any claim to compensation on receipt of six months notice in writing, if at any future time, the land is required for Municipal or Government purpose. and by subsequent proceedings, dated 10.01.1916 in Dis.No.2R. Of 1916, a rent of Re.1/- per acre was also fixed.
2b The Tahsildar, Vaniyambadi-3rd respondent herein, had sent a notice dated 13.08.2004, calling upon the said Trust to pay the lease amount of Rs.3,29,35,056/- based on the Audit Object and it was put to challenge in WP.No.26327/2004.
2c This Court, vide order dated 15.09.2004, in WPMP.No.32022/2004 in WP.No.26327/2004, had granted an order of interim injunction, restraining the official respondents from resorting to Revenue Recovery Proceedings, for recovery of the said amount. Subsequently, the said interim order was extended vide order dated 27.04.2010.
2d The grievance expressed by the petitioner is that despite the subsistence of the said interim order, the impugned notice has been issued by the 3rd respondent, stating that the period of lease granted as per G.O.Ms.No.2869, Revenue, dated 22.12.1915, had expired and they took a decision to resume the land, leaving alone the encroached portion of the land and also indicated that nobody shall trespass into the said land and use it as a Playground. The petitioner-Trust, challenging the legality of the said order of the 3rd respondent, had filed the present writ petition.
3 Mr.Habibullah Badsha, learned Senior Counsel assisted by Mr.S.D.S.Philip and Ms.Maimoona Badsha, learned counsel appearing for the petitioner has invited the attention of this Court to G.O.Ms.No.2869 dated 22.12.1915 and would submit that if the Government want to resume the land, they should issue six months notice in writing indicating that the land is required for Municipal or Government Purposes and though in the impugned notice of the 3rd respondent dated 18.07.2016, the above cited Government Order has been referred to, six months notice has not been given and the purpose for which, the land is sought to be resumed, has also not been indicated and therefore, prays for interference.
4 Per contra, Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 4, has invited the attention of this Court to the typed set of documents filed along with this writ petition and would submit that even for payment of the very meager sum fixed for lease amount, the petitioner/Trust had committed default and however, later on, it cleared all the arrears and deliberately allowed encroachment in respect of the said portion of the land and taking into consideration, the above facts and circumstances, a decision has been taken to resume the land and prays for dismissal of this writ petition.
5 This Court has paid its best attention to the rival submissions and also perused the materials placed before it.
6 A perusal of the impugned Notice of the 3rd respondent dated 18.07.2016 would disclose that a decision has been taken to resume the land minus the land which is under encroachment forthwith and it has been further indicated that nobody shall trespass or enter into the said land and it should not be used as playground also. In the considered opinion of the Court, the impugned notice is not in consonance with the conditions stipulated in G.O.Ms.No.2869, Revenue, dated 22.12.1915 and as already pointed out, Clause No.4 stipulates that The site shall be vacated and handed back to Government in good order without any claim to compensation on receipt of six months notice in writing, if at any future time, the land is required for Municipal or Government purpose. Admittedly, six months notice have not been issued and it has not been indicated that the land is required for Municipal or Government purposes. Hence, on this sole ground, the impugned notice warrants interference.
7 In the result, the writ petition is partly allowed and the impugned Notice of the 3rd respondent dated 18.07.2016 in Na.Ka.P1/6405/2016 is set aside and it is open to the respondents 1 to 3 to proceed against the lands in question in accordance with the Government Order in G.O.Ms.No.2869, Revenue, dated 22.12.1915. No costs. Consequently, the connected miscellaneous petitions are closed.
08.08.2016 AP To
1.The Secretary State of Tamil Nadu Land Revenue Department Fort St George, Chennai 600 009.
2.The District Collector Vellore District, Vellore.
3.The Tahsildar Vaniyambadi Taluk, Vaniyambadi, Vellore District.
4.The Director of Collegiate Education, 9th Floor, EVK Sampath Building College Road, Chennai 600 006.
5.The Registrar, Thiruvalluvar University, Serkkadu, Vellore 632 115.
M.SATHYANARAYANAN. J AP W.P.No.27487/2016 08.08.2016