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2014 Supreme(Mad) 1176

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

Advocate Appeared:
A. Vijay Narayan, M. Abdul Nazeer, R. Muthukumaraswamy, R. Natarajan, AR.L. Sundaresan, K.F. Manavalan, Anirudh Krishnan, Sai Krishnan, Raja Kalifulla, Senior Counsel, P.H. Arvind Pandian, Addl. Advocate General, assisted by C.V. Shailendhar, R. Thiagarajan, Senior Counsel, for Jayesh B. Dolia & M. Sivavardhanan, C. Manickam, C. Johnson, Advocates.

Judgment

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,








































































































































































































































































































































































































































































































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