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2021 Supreme(Mad) 401

SENTHILKUMAR RAMAMOORTHY
Young Men’s Christian Association, Rep. by its President, Nilgiris – Appellant
Versus
District Collector of Nilgiris at Uthagamandalam – Respondent


Advocate Appeared:
For the Petitioner:AL. Ganthimathi, Advocate.
For the Respondent:G.K. Muthukumar, Spl. Govt. Pleader, I. Abrar Md. Abdullah, K.K. Senthilvelan, Advocates.

JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records relating to the proceedings of the first Respondent dated 25.06.2005 in RC.U3.No. 15664/2002 and quash the same.)

1. An order dated 25.06.2005 of the District Collector, Nilgiris, to resume the lands that were assigned to the Petitioner is challenged in this writ petition.

2. The Petitioner is part of a global association founded on 06.06.1844 with its head quarters in Geneva, Switzerland. The Udhagamandalam (Ootacamund) chapter was established in June 1886. The object of the Association is to provide free education, maintain hospitals, counselling centres, libraries, playgrounds, etc. with a view to develop the human body, mind and soul. The then British Government issued a miscellaneous patta whereby lands ad-measuring an extent of about 1.73 acres in Survey No.1773 were assigned in favour of the Petitioner. For this purpose, G.O. No.623, Revenue Department, dated 15.02.1920, was issued. The assignment was subject to the condition that the lands shall be used for an institution, hostel and playground with secretary quarters and for no other

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