R. SUBRAMANIAN, J.

These Intra Court Appeals have been filed by the State, challenging the common order of the learned Single Judge made in WP No.8965 and 8966 of 2004, allowing the said Writ Petitions filed by the respondent.

The brief facts that led to the filing of the Writ Petitions are as follows :

2. The State Government had passed a Government Order in G.O.Ms. No.2131/Establishment dated 29.09.1982, in and by which, it had decided to permit private managements to start and run Polytechnic on self financing basis, subject to certain conditions. The said Government Order also reduced the extent of land, which is required for establishing Polytechnics. It appears that the respondent Trust had applied for grant of permission to start a self-financing Polytechnic at Manamadurai in Ramanathapuram District. It is also seen that such permission was accorded by the Department of Education in G.O.Ms.No.2161 dated 15.11.983. Thereafter, it is seen that the Chairman of the respondent Trust had applied to the District Revenue Officer, Ramanad at Madurai, seeking alienation of an extent of 25 acres of land in Survey No.273/1 (P), of Seikalathur Village at Manamadurai Taluk for construction of buildings for Polytechnic.

3. From the above proceedings of the District Revenue Officer of Ramnad at Madurai dated 06.11.1984, it is seen that the District Revenue Officer had conducted inspection and sent the proposals for alienation of an extent of 9.91.5 hectares of land in favour of the respondent Trust to be utilized for construction of buildings for the Polytechnic. The District Revenue Officer by his proceeding dated 06.11.1984, had in fact allowed the respondent Trust to enter upon the land and to start construction subject to the payment of market value of the land as fixed by the Government and other usual conditions prescribed by the Government. On the same day, the District Government Officer has also addressed the Special Commissioner and Commissioner of Land Administration, Chepauk, recommending assignment of land measuring about 9.91.5 hectares in favour of the respondent Trust. The said recommendation also suggested the valuation of the land at Rs.82,786/- and after deducting a sum of Rs.24,500/- towards reclamation charges, the total value was arrived at Rs.58,286/-. It appears that the processes of alienation took a long time and various correspondences went on between the Government and the respondent trust regarding the assignment during the interregnum.

4. On 28.10.1995, the Special commissioner and Commissioner of Land Administration wrote to the Government pointing out that the permission to enter upon granted to the respondent on 06.11.1984 was beyond the powers of the District Revenue Officer, but the District Revenue Officer had forwarded the proposal for alienation of the land to the Special Commissioner and Commissioner of land Administration had suggested that the land could be alienated to the respondent Trust, after collecting a sum of Rs.1,97,857/-. Eventually the Government passed the Government Order in G.O.Ms.No.286 dated 28.08.2001 accepting the proposal for alienation, but the Government had prescribed that a sum equivalent to twice the market value of the land, on the date of alienation should be collected from the Trust as cost of the land. Pursuant to the said Government Order dated 28.08.2001, the District Collector of Sivagangai, sent a communication to the respondent Trust demanding payment of a sum of Rs.3,01,10,324/- as cost of the land.

5. The respondent Trust challenged the Government Order in G.O.Ms. No.286 Revenue M.Mu.5(1) Department dated 28.08.2001 in WP No.8966 of 2004 and the consequential order of the Collector, Sivagangai in ROC No.C4/45702/2003 dated 05.12.2003 in WP No.8965 of 2004. The above Writ Petitions were heard together by this Court and a common order came to be passed on