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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
St.Peter’s Matriculation Higher Secondary School, Rep. By its Correspondent – Appellant
Versus
Government of Tamil Nadu, Rep. by its Principal Chief Secretary, Revenue & Disaster Management Department – Respondent
| Table of Content |
|---|
| 1. lease conditions violation and resumption of leasehold land. (Para 1 , 2 , 3 , 6 , 8) |
| 2. enforcement actions and principles of natural justice. (Para 4 , 9 , 10 , 12) |
| 3. final ruling on dismissal of writ petition. (Para 13 , 14) |
ORDER :
S.M.SUBRAMANIAM, J.
The lis on hand has been instituted challenging the revisional order passed by the Government confirming the order of the District Collector.
2. The facts in brief would show that the original lease of the subject land in S.No.1460 of St.Thomas Village, was granted by the East lndia Company for a term of 50 years from 01.11.1802 in favour of the predecessors in-title to Thiru.Krishnaswamy Chetty and Thiru.Govindarajulu Chetty. The second and third spell of leases for a period in each case of 50 years from 1.11.1802 to 01.11.1902 were renewed by the Secretary of State of India, Council in favour of the lessee viz., East India Company. Third spell of lease executed by the Secretary of State on 27.09.1944 for a period of 50 years from 1.11.1902 in favour of the lessee expired on 31.10.1952. During the existence of the lease, the legal heirs of the lessee transferred the leasehold rights to Saiyid Gul Mohammed Yarya Kari
The court held that lease conditions must be adhered to, and the Government has the authority to resume land for violations, reaffirming the classification of B-2 land under its management.
Summary eviction under Public Premises Act, 1971 inapplicable to bona fide title disputes; must be resolved in civil courts. GLR entries lack presumptive value without notice and hearing.
The classification of land as Government Poramboke precludes the appellants from successfully claiming ownership, emphasizing the burden of proof lies on them to establish lawful title.
Continuous enjoyment of property does not confer ownership without valid title, especially when the land is classified as Government Poramboke.
Encroachers cannot claim rights over public lands designated for governmental purposes; repeated litigations on this issue are discouraged to prevent court congestion.
The main legal point established in the judgment is that summary proceedings under the Andhra Pradesh Land Encroachment Act, 1905 cannot be sustained when there is a longstanding possession and a bon....
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