IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
The Pattukottai Polytechnic Society(S.No.31/1982), Rep.by its Secretary, Chennai - Petitioner
Versus
The Principal Secretary, Government of Tamilnadu, Department of Higher Education, Chennai & Others - Respondent
W.P. Nos. 31042 of 2013 & 13887 of 2014 & W.P.(MD). No. 8917 of 2010 & W.M.P. No. 37937 of 2016 & M.P.(MD). No. 1 of 2010
Decided On : 03-10-2018
Constitution of India,1950 - Article 21 - Tamilnadu Societies Registration Act, 1975 - Property - Possession - Order to Remove the canteen building - Challenged - Compensation amount will be collected from said and same will be paid to Polytechnic College - It is further clarified that as per judgment of this Court, without affecting Polytechnic College and more specifically, 8.02 cents of land situated in South-East area, which belongs to Municipality, is to be allotted to said as pathway. Challenging the said order, Polytechnic College filed writ petition on the ground that 20 acres of land was already allotted in favour of writ petitioner and they are running a Polytechnic College - It is stated that respondent ought to have take measures without insisting upon writ petitioner to give up their land for purpose of providing pathway to third respondent - It is contended that 2nd respondent cannot force or pressurize petitioner to forgo 8.02 cents of land, which is in their possession for purpose of providing a pathway to third respondent –Held, Court is of an opinion that principles of legitimate expectation cannot be applied in facts and circumstances of present writ petition - Writ petitioner was under expectation that they will not be disturbed by anybody since they are running the institutions from year onwards - Thus, considering the conduct of the petitioner, principles of legitimate expectation cannot be extended in favour of writ petitioner/Polytechnic - Court is of an opinion that a pragmatic approach is required in view of fact that running of a Polytechnic is also important and providing a Drinking water welfare schemes to the people of that locality is far more important - Providing a Drinking water to citizen is an integral part of Article 21 of Constitution of India - Thus, there cannot be any compromise and equally providing education is also important - Respondents are directed to take possession of remaining vacant land of 12 acres within a period of four weeks from date of receipt of a copy of this order and utilize said 12 acres of land for implementation of Pattukkottai Municipality Water Supply Improvement Schemes - With these directions, all three writ petitions stand disposed of - However, there shall be no order as to costs - Consequently, connected miscellaneous petitions are closed.
1. The writ petition in W.P.(MD).No.8917 of 2010 has been filed, challenging the order dated 14.06.2010. The order impugned states that one, Smt.P.Vasantha filed a writ petition, stating that she has no right of pathway to her land on account of the entire land abutting the property is under the occupation of Pattukkottai Polytechnic College and the land belongs to the Government. Thus, the Municipal Commissioner, Pattukkottai, passed the said order dated 14.06.2010, stating that as per the orders of the Hon’ble High Court, the Commissioner, Municipality has to provide a pathway to the said Smt. P.Vasantha, so as to reach her property. The said pathway requires 8.02 cents and accordingly, directed the Correspondent, Pattukkottai Polytechnic College, to remove the canteen building in that locality and provide pathway to the said Smt. P.Vasantha.
2. Further, it is contended that the compensation amount will be collected from the said Smt.P.Vasantha and the same will be paid to the Pattukkottai Polytechnic College. It is further clarified that as per the judgment of this Court, without affecting the Polytechnic College and more specifically, 8.02 cents of land situated in South-East area, which belongs to the Municipality, is to be allotted to the said Smt. P.Vasantha as pathway. Challenging the said order, Pattukkottai Polytechnic College filed the writ petition on the ground that 20 acres of land was already allotted in favour of the writ petitioner and they are running a Polytechnic College. Thus, without considering the fact that 20 acres of land were already allotted to the Pattukkottai Polytechnic College, the respondent / Commissioner has passed an order, to handover the 8.02 cents of land for the purpose of providing pathway to one, Smt.P.Vasantha, which cannot be given at all. It is stated that the respondent ought to have take measures without insisting upon the writ petitioner to give up their land for the purpose of providing pathway to the third respondent. It is contended that the 2nd respondent cannot force or pressurize the petitioner to forgo 8.02 cents of land, which is in their possession for the purpose of providing a pathway to the third respondent.
3. At the outset, the petitioner objected for providing a pathway in favour of Smt.P.Vasantha in respect of the 8.02 cents of land, suggested by the Commissioner, Pattukkottai Municipality. The said matter filed before the Madurai Bench of the Madras High Court, was transferred along with the other writ petitions pending before this Court in W.P.No.31042 of 2013 and W.P.No.13887 of 2014.
4. The very same petitioner, Pattukkottai Polytechnic Society filed W.P.No.31042 of 2013 with a prayer to direct the 6th Respondent to execute the deed of sale in favour of the petitioner Society in respect of the land comprised in Survey No.112/2(1.66 Acre), 113/2B (1.10 Acre), 114/6B(1.68 Acre), 144/2B(0.58 Acre), 145(3.05 Acre), 146(6.06 Acre), 147(4.55 Acre) in Santhangadu Village and land comprised in Survey No.177A/1B(part) (0.69 ½ Acre) and Survey No.176/1 (part) (0.62 ½ Acre) in Pattukottai Village in all measuring 20 Acres, in pursuance of the direction of the 3rd respondent vide G.O.Ms.No.248 dated 17.12.2009 after collecting the sum of Rs.1,01,70,058/- within the time stipulated.
5. In the above writ petition in W.P.No.31042 of 2013, it is contended that the petitioner Polytechnic is the Society, which is registered under the Tamilnadu Societies Registration Act, 1975, vide registration No.31 of 1982. The Society was formed with the object interalia, to establish, run, manage or assist Polytechnics, Technical Schools and Colleges teaching technical subjects in order to provide technical education to the socially deprived, economically moderate and educationally backward people of the rural Pattukkottai region and to run workshops, factories and other act
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