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2017 Supreme(Mad) 3911

K.K.SASIDHARAN, P.VELMURUGAN
Chairman, Thiruvottiyur Municipality, Thiruvottiyur, Chennai – Appellant
Versus
R. Revathy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.V.Ayyathurai, Addl. Advocate General
For the Respondent: Mr.S.Prabhakaran, Senior Counsel, for M/s.P.S.Amalraj, Mr.S.Krishna Ravindran, Mrs.Sri Jayanthi, Spl.G.P.

JUDGMENT :

K.K. SASIDHARAN, J.

Introductory:-

1. The land acquired by the State for a water supply project floated by the Thiruvottiyur Municipality, which is now part of Greater Chennai Corporation was partly utilized for the scheme and the remaining land could not be used on account of the replenishment of sea water and later, when it was found that there was heavy traffic congestion in the area on account of parking the container trucks coming to the Chennai port, the Government of Tamil Nadu took a conscious decision to allot the land to the Chennai Port Trust to establish a container station with customs warehousing. The container terminal has been in operation from 1 May 2007 on the basis of the lease given by the Thiruvottiyur Municipality in favour of the Chennai Port Trust. It was later renewed by the Chennai Corporation after the amalgamation of the Municipality. However, by order dated 6 January 2015, the learned Single Judge directed the Chennai Corporation and the Government of Tamil Nadu to return 13.93 acres of land in the possession of the Chennai Port Trust to one of the legal heirs of the erstwhile land owner on the ground that the land was not utilized for the purpo



















































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