The court reaffirmed that longstanding possession and documentation can establish title over land, directing compliance with acquisition procedures for public projects while upholding historical claims.

JUDGMENT :

(ANITA SUMANTH, J.)

Kasturba Gandhi Kanya Gurukulam (appellant/KGK Gurukulam/Gurukulam) was established in 1946 at Vedaranyam by Sardar Vedarathinam, a Freedom Fighter and Gandhian. The object was to provide education along with board and lodge to girls who were economically unable to afford the same.

2. As on the date when the matter was closed for hearing, the KGK Gurukulam manages the following institutions and facilities.

1. Kasturba Gandhi Kanya Gurukulam Elementary School.

2. Kasturba Gandhi Kanya Gurukulam Girls Higher Secondary School.

3. Kasturba Gandhi Kanya Gurukulam Girls Destitute Children Home.

4. Goshala (Shelter for cattle, aiding in the Gurukulam's Self- sustenance Programs).

5. Kasturba Gandhi Kanya Gurukulam B.Ed College for Women.

6. Social Welfare Board aided Printing and Electronics Training Schools for Women.

7. Annappornalayam Charity Kitchen that provides free food to students and residents.

8. Lady staff quarters for women employees working with the Gurukulam.

9. Playgrounds for the Girls school and college

10. Bathroom and toilet facilities with biogas plant for adolescent girls (located within 200 Meters of the proposed Government construction site).

11. Separate bathroom and toilet blocks specifically for the women's B.Ed college

3. Two Writ Petitions were filed by the appellant, (i) W.P.No5141 of 2023, wherein the prayer was for a mandamus directing the Tahsildar, Vedaranyam/R6 to conduct an enquiry as per the direction issued by the Revenue Divisional Officer (RDO), Nagapattinam in R.C.2665/B3 dated 20.10.2021 in respect of the title to the land for which patta had been granted by R6 in proceedings No.K.Dis.13337/87 B5 dated 13.06.1988 and (ii) W.P.No.6782 of 2023 seeking a certiorarified mandamus challenging the display of a poster on 27.01.2023 /14.02.2023 on the compound wall of the land in S.Nos.632-10, 633, 634 and 635-1 in Maharajapuram Keezhpathi Village (in short ‘lands in question’) to the effect that the aforesaid lands belonged to Vedaranyam Municipality.

4. In the latter Writ Petition, the appellant had sought a direction to the respondents to adhere to, and follow the procedure for acquisition as per Sections 5 to 8 and 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ‘2013 Act’) for identification and procurement of land for public processes.

5. Both the Writ Petitions came to be dismissed on 25.07.2023, as against which the present Writ Appeals have been filed. The array of parties in the Writ Appeals are identical to that of the Writ Petitions, except that O.S.Manian, s/o. Somu and V.Baskaran, s/o. Vaithiyanathan, Joint Secretary, Parents-Teachers Association have been impleaded as R7 and R8 in W.A.No.2322 of 2023 and R8 and R9 in W.A.No.2323 of 2023.

6. Mr.R.Singaravelan, learned Senior Counsel appearing for Mr.P.Jagadeesan, learned counsel on record for the appellant assails the process by which the respondents have sought to trespass into the properties belonging to KGK Gurukulam, as, according to the appellant, those properties have been acquired specifically for the purpose of Gurukulam as early as in 1957 by way of Award bearing No.7 of 1957 dated 15.10.1957 issued by the Sub-Collector, Nagapattinam (Award).

7. He would submit that the process of acquisition culminating in passing of an award in favour of the appellant was in line with the procedure contemplated at the relevant point in time. The lands have been a