Ownership disputes over land involving the Government must be pursued in civil court, and writ jurisdiction cannot determine property title without adequate evidence.

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.4551/2, 4553/1, 4553/2, 4556, 4542 to 4548, 4554 and 4555 measuring a total extent of 11 acres and 78 cents at Mannargudi Town. This document was registered as Document No.2146/1961 on the file of SRO, Madras – Chengalpat District. The subject matter of the present writ petition is Survey No.4542, which carries a new Survey No.63, measuring an extent of nearly 7 Acres. This property stands in the name of Findlay Higher Secondary School in the 'A' Register, Village Adangal, TSLR, etc. The school is utilising this vacant land as a playground and for conducting various sports meet. An attempt was made by the revenue authorities to enter the property belonging to the petitioner and conduct a survey. On inquiry, it was brought to the notice of the petitioner that the property has been classified as Government land, and so the Government authorities are contemplating taking over the said land for the purpose of building a stadium.

4. A notice dated 15.09.2023 came to be issued to the petitioner, calling for objections from the petitioner with respect to the proposal to utilize the land to construct a stadium by the Sports Development Authority of Tamil Nadu. This notice became a subject matter of challenge in WP.No.32993 of 2023. This Court, after hearing both sides, passed a detailed order dated 22.11.2024, and the operative portion of the order is extracted hereunder, “64. In such view of the matter, while this Court is not inclined to quash the impugned notice, however, the writ petition stands disposed of with the following directions :-

i) Upon receipt of objections and considering the same in accordance with law, it is open to the respondents 1 to 3 to hand over the requisite portion of the lands, as has been averred in the counter of the 1^st respondent, to the 4^th respondent, for the construction of a sports stadium for public purposes by passing appropriate reasoned order.

ii) Since the land in Old S. No.4542, New TS. No.63, Block No.95, Mannargudi Taluk, Tiruvarur District, has all along been used as a playground by the petitioner school as well as other schools in the locality, the District Collector, Tiruvarur, is directed to ensure that the balance portion of the unused land shall be maintain