ORDER :

1. While W.P. No.14705/13 has been filed putting in issue the Erode Detailed Development Plan approved by the Town & Country Planning Authority, in which the lands of the petitioner are earmarked for the purpose of laying the 80 Feet Road, W.P. No.13313/17 has been filed assailing the cancellation of patta by respondents 1 and 2 on the ground that the auction sale in which the property is alleged to have been purchased by the London Missionary Society, the said society has no saleable or transferrable right to transfer the subject lands, which are covered in S. Nos.586 and 587 of Erode Town, in favour of the petitioner.

2. As the land in W.P. No.14705/13 is also covered under grant of patta in W.P. No.13313/17, both the writ petitions are taken up together and disposed of by this common order. Though impleading petitions have been filed by the institutions, which are run under the aegis of the petitioner, this Court, without impleading the petitioners as party respondents, however, permits the impleading petitioners to submit their written submissions.

3. It is the case of the petitioner that the property originally was a Sub- Collectors bungalow, which was floated for sale through an auction notice on 05.08.1905. In the said auction, one Rev. H.A.Popley of London Missionary purchased the property in the public auction, which was held on 12.08.1905 and sale certificate dated 19.01.1906 was issued by the Collector, Coimbatore. A title deed dated 19.01.1906 was also executed by the Collector, Coimbatore.

4. It is the further case of the petitioner that the said Rev. H.A.Popley conveyed the said property to and in favour of London Missionary Society, Erode, by executing a sale deed in Document No.3067 of 1907 dated 12.12.1907 registered on the file of the Sub Registrar, Erode and the subject property was under the exclusive possession and enjoyment of the said London Missionary Society, which was represented by Rev. A.W.Brough, which is evidenced in the Town Survey Land Register.

5. It is the further case of the petitioner that London Missionary Society conveyed the said property to and in favour of the petitioner by executing a sale deed in Document No.1175 of 1965 dated 14.4.1965 registered on the file of the Sub Registrar, Erode and ever since the date of purchase, the petitioner is in absolute possession and enjoyment of the entire extent of 12.66 acres in which many social welfare activities are mooted and several social services are being rendered by the petitioner, including educational service, hospital service, Home for the boys and girls, etc.

6. It is the further case of the petitioner that the title of the petitioner with regard to 12.66 acres is not only supported by documents, but the petitioner was also complying with the condition of payment of ground rent till 1980, whereinafter, the respondents refused to collect the ground rent, which prompted the petitioner to send the same as demand drafts, which were returned and resubmitted and are pending on the file of the Tahsildar, Erode.

7. It is the further case of the petitioner that when the petitioner applied for patta, after thorough enquiry, the Settlement Officer, vide order dated 30.6.2010 granted patta in favour of the petitioner, which was put in issue by some third parties before the Commissioner of Survey and Settlement, which resulted in reversal of the order passed by the Settlement Officer and with a further direction to the Special Tahsildar/2nd respondent to conduct de-novo enquiry. It is further averred by the petitioner that vide order dated 10.07.2012, without assigning any valid reasons, the 2nd respondent rejected the claim of the petitioner for patta. It is the further case of the petitioner that when it is specific stand of the Government that the lands are poramboke lands, the initiation of complaint at the instance of the third parties,