1. Introductory:

The Grant given by the Government of Madras in 1888 of a piece of land just opposite to the Central Railway Station, Madras, to Sir S. Ramasami Mudaliar for construction of Choultry for the free use of railway travellers and for poor feeding with right to resume, without liability to pay compensation, (if it ceases to be employed for the purpose for which it was granted or used for any other purpose), is now sought to be resumed by the State of Tamil Nadu on account of violation of conditions of Grant and for allotment to the Chennai Metro Rail for the very same public purpose of providing amenities to the railway passengers for which it was originally granted.

Facts in nutshell:

2. The petitioners are lessees and sub-lessees, in possession of the building constructed by a Trust by name Rajah Sir Ramasamy Mudaliar Choultry, situated just opposite to the Central Station, Chennai. Some of the petitioners are not having any semblance of right and they are in occupation of the premises on account of the indulgence shown by the office of Administrator General and Official Trustee (hereinafter referred to as “AG & OT”) by receiving rent. It is also a matter of record that some of the lease agreements does not contain even a proper description of the schedule of property. The petitioners in W.P. Nos. 28357 and 28358 of 2013 are the successor in interest of Thiru. Buhari, who was permitted to put up a hotel building with a condition that after the efflux of lease period, he should vacate the premises without any claim for compensation.

3. Since a common issue has arisen in these batch of writ petitions with regard to the right of resumption of land by the Government after framing a scheme by the High Court, I am not venturing to consider the lease hold right claimed by the petitioners in the individual writ petitions, notwithstanding the fact that some of the leases/sub-leases are of recent origin.

The starting point of litigation:

4. Before dealing with the issues raised by the petitioners, it is appropriate to recapitulate the background facts relating to the earlier round of litigation.

(a) The Government of Tamil Nadu issued an order in G.O. Ms. No. 168 Revenue, dated 21.5.2012, resuming the land in T.S. No. 41, (alleging violation of the terms of original Grant and also on account of a larger public purpose), and to hand it over to the Chennai Metro Rail Ltd. (hereinafter referred to as CMRL) in connection with the formation of Metro Rail at Chennai.

(b) The Government Order dated 21.5.2012, and the consequential order passed by the AG & OT were challenged before this Court by the petitioners in W.P. No. 19269 of 2012 etc. batch.

(c) The writ petitions were allowed by the learned single Judge with a direction to the Government to issue notice to the lessees, AG & OT, and Co-Trustee and thereafter to pass fresh orders taking into consideration their objections.

(d) The common order dated 26.11.2012 was taken up by way of intra court appeal in W.A. Nos. 70 of 2013 to 88 of 2013 and 91 of 2013 to 106 of 2013. The Division Bench, by judgment dated 12.7.2013, allowed the appeals.

(e) The unsuccessful writ petitioners filed Special Leave petitions before the Hon’ble Supreme Court. The Supreme Court granted leave and after recording the undertaking given by the learned Solicitor General, directed that all the affected parties should be given notices and an opportunity to respond and accordingly, disposed of the appeal, by order dated 25.7.2013.

The direction of the Supreme Court reads thus:

“For the aforesaid purpose, we would be satisfied to permit the State Government to issue notices to all the lease holders concerned on or before 5.8.2013. All the appellants here, if not served by the said date, will be at liberty to approach the concerned District Collector, Chennai and obtain a copy of the notice from him. The appellants shall be permitted to respond to the said notice on or before 16.8.2013. The determination thereon,