M. DHANDAPANI
Church of South India Trust Association – Appellant
Versus
Revenue Divisional Officer – Respondent
ORDER :
Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus calling for the records relating to the impugned notice vide cK180/2023/tUM issued by the 3rd respondent on 15.09.2023 and quash the same as illegal, arbitrary, an abuse of process of law and issued without any authority in law and consequently forbear the respondents from proceeding further and taking any steps whatsoever pursuant to the impugned notice vide cK180/2023/tUM issued by the 3rd respondent on 15.09.2023.
The present petition seeks quashment of the notice issued by the 3rd respondent calling upon objections from persons interested with regard to transfer of lands in Ward No.1, Block No.95, T.S. No.63 which are under the occupation of the petitioner to an extent of 7 acres, for the purpose of establishing Tamil Nadu Sports Development Authority.
2. It is the case of the petitioner that that it is involved in a wide range of activities, including education, healthcare and social welfare and charitable endeavours. The petitioner is an organisation associated with the Church of South India and was incorporated on 31.08.1948 and is actively in
St. Mary’s Education Society & Anr. – Vs – Rajendra Prasad Bhargava & Ors. (2023 (4) SCC 498
The court upheld the public interest in maintaining playgrounds while allowing partial land transfer for a stadium, emphasizing the need for due process in property disputes.
The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alie....
Ownership disputes over land involving the Government must be pursued in civil court, and writ jurisdiction cannot determine property title without adequate evidence.
Unauthorized construction permissions obtained through fraudulent documentation are null and void, reinforcing the principle that land designated for educational purposes cannot be unlawfully convert....
The need for evidence of running an educational institution, ownership, and permission for construction, and the public interest in acquired land.
The court emphasized the necessity for due process in determining land settlement requests, particularly when a private school has operated on disputed land for decades, balancing community education....
The main legal point established in the judgment is the requirement for clear evidence and examination of facts in a summary proceeding under Article 226 of the Constitution of India, emphasizing the....
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