K.CHANDRU
G. Viswanathan, Chancellor/Managing Trustee, Vellore – Appellant
Versus
State of Tamil Nadu, rep. By the Secretary to Government, Revenue Department, Chennai – Respondent
1. Heard both sides. The petitioner is the Managing Trustee and Chancellor of Vellore Institute of Technology (VIT). He has come forward to challenge the notice, dated 16.09.2009 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 by the third respondent Tahsildar, Katpadi Taluk. The said writ petition was admitted on 29.09.2009 and an interim stay was granted. On notice from this court, the second respondent District Collector, Vellore has filed a counter affidavit, dated 12.12.2009. The petitioner has filed a rejoinder, dated 20.12.2009. Original records were also produced.
2. It is the case of the petitioner that he is the Founder and Chancellor of the VIT which is deemed to be an university under Section 3 of the University Grants Commission Act. The said institution is established by the North Arcot Educational and Charitable Trust created in the year 1984. It is claimed that the VIT had purchased lands for running their educational institutions. The first respondent had assigned 98.80 acres of land which was purchased by them as per the price fixed by the Government vide G.O.Ms.No.112, Revenue Department, dated 9.3.2001. By the same G.O., they were
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