IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH
Church Of South India Trust Association, Rep By Its Moderator's Commissary, Jeyasingh Prince Prabhakaran D. – Appellant
Versus
State Of Tamilnadu, Rep By Its Secretary, Revenue And Disaster Management Department – Respondent
ORDER :
(N. ANAND VENKATESH, J.)
This petition has been filed challenging G.O.Ms.No.251, Revenue and Disaster Management Department, Land Disposal Wing, LD3(2) Section, dated 19.05.2025, passed by the first and second respondents, and consequently forbear the respondents from interfering with the peaceful possession of the petitioner in the suit property at Old Survey No. 4542, New Survey No. 63, admeasuring an extent of 2.83.50 hectares.
2. The case of the petitioner is that the petitioner manages and supports numerous schools, colleges, and other educational initiatives across South India. One such institution is functioning at Mannarkudi, Thiruvarur District, named as Findlay Higher Secondary School. This school is functioning from the year 1862 and it has a student strength of nearly 1100.
3. The further case of the petitioner is that Wesleyan Methodist Missionary Trust Association, Londan was holding various immovable properties. After the formation of the Church of South India, the trust association decided to transfer a few of those properties to the petitioner. Accordingly, through a transfer deed dated 11.05.1961, the trust association transferred lands comprised in Survey Nos
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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 held that disputes over property ownership and title cannot be resolved under Article 226 of the Constitution and must be addressed in civil court.
Government Poramboke lands classified as 'Water Bodies' cannot be assigned or granted patta by the Revenue Authorities.
The main legal point established in the judgment is the jurisdiction of authorities under the Tamil Nadu Public Building License Act, 1965, and the legal sustainability of the cancellation of a build....
The authority exceeded its jurisdiction by ignoring binding civil court decrees and misclassifying lands as poromboke, violating principles of natural justice.
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