High Court of Judicature at Madras
V. DHANAPALAN & M. DURAISWAMY, JJ.
M/s. Buhari Sons Pvt. Ltd., Rep. by its Director M.B. Haja
Versus
The State of Tamil Nadu, Represented by Principal Secretary to Government & Others
Writ Appeal Nos. 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2515, 2516 & 2517 of 2013 & 189, 275, 276, 277 of 2014
Decided on: 12-06-2014
V. Dhanapalan, J.
1. All these appeals have been filed against the common order of a learned single Judge of this Court, dated 19.12.2013, dismissing the Writ Petitions, challenging G.O.Ms.No.380 Revenue [LD1 (1)] Department, dated 28.09.2013, which culminated in the orders of the District Collector, Chennai, dated 30.09.2013, directing the appellants to vacate the land and hand over possession of the premises to the Tahsildar, Fort-Tondiarpet Taluk, Chennai.
2. Case of the appellants before the writ court was that they were the lessees/sub-lessees/tenants of the building constructed by a Trust, namely, Rajah Sir Ramasamy Mudaliar Choultry, situated opposite to the Central Railway Station, Chennai, and when they are in possession and enjoyment of the same, the Government of Tamil Nadu passed a Government Order in G.O.Ms.No.380, Revenue, [LD1 (1)] Department, dated 28.09.2013, pursuant to which the District Collector, Chennai, by his orders, dated 30.09.2013, directing them to vacate the land and hand over possession of the premises to the Tahsildar, Fort-Tondiarpet Taluk, Chennai, on the ground that the land was required for Chennai Metro Rail Project with larger public interest to Chennai Metro Rail Limited (in short CMRL), for implementing the project, which action, according to the appellants, was illegal and unjustified.
3. According to the appellant in W.A.No.2510 of 2013, namely, S.V.R. Ramprasad, he was appointed as a co-trustee of Rajah Sir Ramasamy Mudaliar Choultry by an order of this Court in O.S.A.Nos.66 & 67 of 2000, dated 05.06.2000; Rajah Sir Ramasamy Mudaliar had submitted a proposal to construct a choultry in Chennai at the cost of about Rs.30,000/- before the Government on 10.03.1888 and sought a piece of land for that purpose and in consideration of that laudable objective and upon taking into account the various charitable activities of Rajah Sir Ramasamy Mudaliar rendered to the society, the Government had come forward to allot a piece of land measuring an extent of 1.33 acres, now comprised in T.S.No.41, Vepery Village, Fort-Tondiarpet Taluk, valued at Rs.3,638/-at free of cost for the purpose of construction of the choultry in that piece of land with a condition that the said piece of land shall be used for construction of choultry and on failure of fulfillment of the conditions and that the said grant of land would be liable for resumption; the choultry building so constructed by the founder Rajah Sir Ramasamy Mudaliar way back in the year 1888 has been classified as a historical and heritage building by the High Power Heritage Committee so constituted under the orders of this Court; after considering the reports submitted by the heritage committee, this Court directed the Heritage Conservation Committee to issue notice to all the buildings shown in Sl.Nos.1 to 467 in the Committee Report for preserving and maintaining such buildings without causing any damage to them; in compliance of the directions of a Division Bench of this Court, the Heritage Conservation Committee, under the management and control of CMDA, issued a notice to the appellant, by proceedings dated 21.09.2010, thereby cautioning him to ensure safety of the said heritage building and, presently, the said heritage building is under occupation of Tamil Nadu Tourism Development Corporation. His further case is that the right to property is a constitutional right safeguarded under Article 300-A of the Constitution of India and that the Government has intruded and invaded the right of the founder trustee and there is an encumbrance existing in T.S.No.41, which cannot be ignored by the State and, hence, he prayed to allow the appeal.
4. The facts are that originally the Government of Tamil Nadu issued an order in G.O.Ms.No.168, Revenue, dated 21 May 2012, resuming the land in T.S.No.41, alleging the violation of the terms of original Grant and also on account of a larger public purpose and to hand it over to Chennai Metro Rail Limited,
Bishan Das and others vs. State of Punjab and others
Narayan Das Khettry v. Jatindranath
K.T. Plantation Pvt. Ltd. And another vs. State of Karnataka
Virendra Singh and others vs. State of Uttar Pradesh
State of Bihar vs. Rani Sonabati Kumari
State of U.P. And Zahoor Ahmad and another
Raje Anandrao vs. Shamrao and others
Chandra Mohan v. State of U.P.
Municipal Corporation of Delhi vs. Gurnam Kaur
Krishena Kumar and others vs. Union of India and others
State of U.P. and another vs. Synthetics and Chemicals Ltd. And another
Inder Parshad vs. Union of India
M/s. Burrakur Coal Co. Ltd. & M/s. East Indian Coal Co. Ltd. Vs. The Union of India and others
Shanmugavel Nadar vs. State of Tamilnadu and another
Zee Telefilms Ltd., and another vs. Union of India and others
Tika Ram vs. State of U.P. and others
State of U.P. vs. Zahoor Ahmad
Chitra Kumar (Smt) vs. Union of India and others
Murugesa Gramani v. Province of Madras (1946) 2 M.L.J. 171
Ullattuthedi Chovi v. Secretary of Statefor India (1921) 41 M.L.J. 494
Isabella Johnson v. M.A. Susai reported in 1991 (1) SCC 494
Commissioner of Income Tax vs. Sun Engineering Works (P) Ltd.)
Committee of Management of Pachaiyappas Trust vs. Official Trustee of Madras and another
Hajee S.V.M. Mohamed Jamaludeen Bros. & Co. vs. Government of Tamil Nadu
State of U.P. vs. Zahoor Ahmad
Sharda Devi vs. State of Bihar and another
Escorts Farms Ltd. Vs. Commissioner, Kumaon Division, Nainital, U.P. And others
Pradeep Oil Corporation vs. Municipal Corporation of Delhi and another
Government of Tamil Nadu vs. Mecca Prime Tannery and others
Rai Sahib Ram Jawaya v. State of Punjab
Jayanti Lal Amrit Lal v. S.N. Rana
Hari Shankar Bagla v. State of M.P.
Kesavananda Bharati v. State of Kerala
Arnit Das v. State of Bihar reported in 2000 (5) SCC 488
ICICI Bank & Anr. v. Municipal Corporation of Greater Bombay & Ors. reported in 2005 (6) SCC 404
Nirmal Jeet Kaur v. State of Madhya Pradesh & Anr. reported in 2004 (7) SCC 558
Azim Ahmed Kazmi and others vs. State of Uttar Pradesh and another
The Special Land Acquisition Officer, Hosanagar vs. K.S. Ramachandra Rao and others
Municipal Corporation of Delhi vs. Gurnam Kaur
Lallu Yeshwant Singh vs. Rao Jagdish Singh & Ors. [(1968) 2 SCR 203]
The Collector of Bombay vs. Nusserwanji Rattanji Mistri and others
Ahmed Adam Sait and Others vs. Inayathullah Mekhri and others
Bishambhar Dayal Chandra Mohan and others vs. State of Uttar Pradesh and others
R. Venugopala Naidu and others vs. Venkatarayulu N01aidu Charities and others
Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electricity Board and another
Hajee S.V.M. Mohamed Jamaludeen Bros. & Co. vs. Govt. of TN
Maharaj Singh vs. State of Uttar Pradesh and others
Anamallai Club vs. Government of Tamil Nadu and others
Suganthi Suresh Kumar vs. Jagdeeshan
Federation of Railway Officers Association and others vs. Union of India
Bajaj Hindustan Limited vs. Sir Shadi Lal Enterprises Limited and another
HUDCO v. MCD; (2001) 1 SCC 455
K.T. Plantation Private Limited v. State of Karnataka
Ram Krishna Dalmia v. Justice Tendolkar
Smt. Indira Nehru Gandhi v. Raj Narain
Nand Kishore v. State of Punjab reported in 1995 (6) SCC 614
A.R. Antulay v. R.S. Naik & Ors. reported in 1988 (2) SCC 602
P. Ramachandra Rao v. State of Karnataka reported in 2002 (4) SCC 578
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.