Grama Natham lands are not subject to commercial use, and upon reclassification to Sarkar Poramboke, the government retains exclusive rights.

JUDGMENT

(Prayer: WP No.7051 of 2017is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent pertaining to G.O.Ms.No.139, Planning Development and Special Initiatives Department, dated 27.08.2010 and quash the same and consequently forbear the respondents, their men, agents, staff or any other person claiming through or on behalf of them from in any way interfering with the petitioner''s peaceful possession and enjoyment of the petitioner''s property comprised in S.Nos.10, 11 and 147 Part Block No.28, Koyambedu Village, Egmore – Nungambakkam Taluk, Chennai District and further direct the third respondent to forthwith de-seal the car park of the petitioner''s hospital comprised in T.S.No.147 Part Block No.28, Koyambedu Village, Egmore – Nungambakkam Taluk, Chennai District.

WP No.7052 of 2017is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent pertaining to proceedings No.T1/21463/2013 dated 08.11.2016 and the proceedings of the seventh respondent pertaining to Letter No.K-14011/17/2012-MRTS-III dated 09.04.2013 and quash the same and consequently direct the third respondent to pay compensation in accordance with law for the property of the petitioner taken over by the third respondent in T.S.Nos.10 and 11, Block No.28, Koyambedu Village, Egmore – Nungambakkam Taluk, Chennai District along with interest at the rate of 12% per annum from the date of taking possession of the lands.)

Common Order:

WP No.7051 of 2017 has been filed to quash the Government Order issued in G.O.Ms.No.139, Planning Development and Special Initiatives Department, dated 27.08.2010 and to forbear the respondents, their men, agents, staff or any other person claiming through or on behalf of them from in any way interfering with the petitioner''s peaceful possession and enjoyment of the petitioner''s property comprised in Survey Nos.10, 11 and 147 Part Block No.28, Koyambedu Village, Egmore – Nungambakkam Taluk, Chennai District and further direct the third respondent-Chennai Metro Rail Limited (CMRL) to forthwith de-seal the car park of the petitioner''s hospital comprised in T.S.No.147 Part Block No.28, Koyambedu Village, Egmore – Nungambakkam Taluk, Chennai District.

2. WP No.7052 of 2017 has been instituted to quash the proceedings dated 08.11.2016 issued by the second respondent and the letter dated 09.04.2013 issued by the seventh respondent and consequently direct the third respondent to pay compensation to the petitioner in accordance with law for the property of the petitioner taken over by the CMRL for developing the Metro Rail Project.

FACTUAL BACKGROUND AS STATED BY THE PETITIONER:

3. The petitioner is a Doctor by profession and the Chief Executive Officer of M/s.Vee Care Group, which runs about three hospitals in Chennai, including one Multi-Speciality Hospital, one Multi-Speciality Clinic and one Nursing and Para Medical College. The petitioner wanted to construct a hospital in Koyambedu area to cater to the needs of the public and acquired title over the properties comprised in T.S.Nos.10, 11, 12 and 147 Part in Block No.28, Koyambedu Village, Egmore – Nungambakkam Taluk, Chennai District through Sale Deeds initially registered in the name of the father of the petitioner, mother of the petitioner, brother of the petitioner and the petitioner