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.

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 involved in initiatives that address poverty, empower marginalised communities and contribute to the overall well-being of society.

3. It is the further case of the petitioner that it manages and supports numerous schools, colleges and other educational initiatives across South India and that these institutions are providing quality education and one such institution is functioning is the Findlay Higher Secondary School, V.O.c. Road, Mannargudi, Thiruvarur District (for short ‘the school’) which was founded in the year 1862 and that for over 160 years, the school has been striving to nurture students and is imparting quality education to more than 1100 students.

4. It is the further case of the petitioner that earlier the Wesleyan Methodist Missionary Trust Association, London, was holding in trust, various properties, including properties situated in South India for the benefit of Wesleyan Methodist Missionary Society and after enactment of the Methodist Church Union Act, 1929, the Wesleyan Methodist Church was united along with two other churches into the “Methodist Church” and by virtue of the provisions of the said Act, the Wesleyan Methodist Missionary Trust Association was then holding the said properties in trust for the Methodist Church. Subsequently, the petitioner, in the year 1947, was incorporated to act as trustee for the Church of South India and since the Wesleyan Methodist Missionary Trust Association was holding properties in trust for the benefit of the Methodist Church, after the formation of the Church of South India, the Wesleyan Methodist Missionary Trust Association decided to transfer few of those properties to the petitioner herein, as the petitioner was one of the trustees of the Church of South India. Pursuant to the same, on 11.5.1961, the Wesleyan Methodist Missionary Trust Association executed a transfer deed in favour of the petitioner, which is registered as Document No.2146/1961 at SRO, Madras-Chengalpet District.

5. It is the further case of the petitioner that the lands comprised in S. Nos.4551/2, 4553/1 & 2, 4556, 4542 to 4548, 4554 and 4555 to an extent of 11 acres and 78 cents situate at Mannargudi Town were also transferred to the petitioner by the Wesleyan Methodist Missionary Trust Association. It is the further case of the petitioner that portions of the said lands have been utilised by the Findlay Higher Secondary School as playground for its students, more particularly Old S. No.4542, now New S. No.63 to an extent of 4 acres 38 cents, which lands have been in possession and occupation of Findlay Higher Secondary School since 1862 and that the school has been utilising the said land as playground for its students.

6. It is the further case of the petitioner that the revenue records pertaining to Old S. No.4542, no