Allowed

Shanmugha Arts, Science, v. State of Tamil Nadu, Rep by

Madras HC4 Sept 2014WP/9037/2004

Case brief

AI extract

What is this about?

Court allowed a writ petition quashing the eviction order from the Commissioner of Land Administration. The court directed the respondents to assign approximately 57.19 acres of land to the petitioner's deemed university and polytechnic at 1984 government minimum cost, citing the Chief Minister's oral permission and the institution's public importance.

What did the court decide?

Writ petition allowed; order of the Special Commissioner and Commissioner of Land Administration quashed; respondents directed to assign 57.19 acres to the petitioners at 1984 government minimum cost.

Shanmugha Arts, Science, Vs State of Tamil… — Pension and Retirement Benefits | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04/ 09 /2014

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CORAM

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THE HONOURABLE MR.JUSTICE C.S.KARNAN

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W.P.No.9037 of 2004 & W.P.M.P.No.10545 of 2004

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1.Shanmugha Arts, Science, Technology & Research Academy (SASTRA), Deemed to be University having its Main Campus at "Shanmugha Campus", Tirumalaisamudram, Thanjavur - 613 402, H.Q. at Madras, Represented by its Registrar, Prof. R.Kandaswamy

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2.VEE SEE BEE Trust administering Shanmugha Poly-technic, having its Main Campus at "Shanmugha Campus", Tirumalaisamudram, Thanjavur - 613 402. Represented by its Managing Trustee, Prof. R.Sethuraman. ... Petitioners Vs.

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1.State of Tamilnadu, Rep. by its Secretary to Government, Revenue Department, Fort St. George, Chennai - 9.

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2.The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai - 5.

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3.The District Revenue Officer, Thanjavur. 4.The Revenue Divisional Officer, Thanjavur. 5.The Thasildhar, Thanjavur. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the second respondent dated 01.03.2004 in ref.Rc.No.6251/2001/T2 and quash the same and further direct the respondents to assign the lands situate in Survey Nos.124, 141, 148, Thirumalai Samudram Village, Thanjavur District measuring about 57.19 acres.

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For Petitioners : Mr.S.Thiruvenkataswamy For M/s.G.R.Associates

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For Respondents : Mr.M.S.Ramesh

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Additional Government Pleader

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- - O R D E R

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The brief facts of the case are as follows:-

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The petitioners are the Vice-Chancellor of the Shanmugha Arts, Science, Technology & Research Academy (SASTRA) and the Chairman of the VEE SEE BEE Trust. The petitioners submit that the first petitioner-Institution was originally known as Shanmugha College of Engineering and was administered by a Trust known as Bala Seva Educational and Charitable Trust. In the same compound, the second petitioner herein, viz., VEE SEE BEE established a polytechnic known as Shanmugha Polytechnic. Both the Institutions were established in the year 1984 and it is considered to be one of the best Engineering Colleges / Polytechnics in India. The said college was originally affiliated to Bharathidasan University and was approved by All India Council for Technical Education. The college is offering both under-graduate and post-graduate Engineering Courses, besides M.C.A and M.B.A. research programmes leading to Ph.d, and more than four thousand students are studying in the college and the said College has been one of the very few Institutions in India, where the Courses are accredited by the National Board of Accredition. The Government of India has recognized the Centre as "Centre for Relevance & Excellence in Advanced Computing and Information Processing". The first petitioner was declared as Deemed University under Section 3 of the University Grants Commission Act, 1956 in the month of April 2001 and one of the premier Deemed Universities in India accredited by National Assessment & Accreditation Council, a statutory body.

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The petitioners additionally added that for the purpose of establishing the above College and Polytechnic, the Trust acquired about 50 acres of dry land from various persons by regular sale deed in Thirumalai Samudram, Thanjavur. While the College was under construction, it was noticed that certain dry lands belonging to the

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Government were also situated as an island within the College campus. They also came to know that there was a proposal to set up an Open Jail adjoining the College premises. The petitioners further submit that the College required more lands for expansion of the College and near to that Campus, the Government lands were lying as an island within the lands purchased by the Trust and hence, it was decided to make representation to the Government for assigning the adjoining lands to the Institution. In this connection, the petitioner himself representing the Trust made a personal representation to the Hon'ble Chief Minister of Tamil Nadu, Late Dr.M.G.Ramachandran, on 09.05.1985 and requested that the land adjoining the College is required for expansion of the College and may be assigned to the College. He also pleaded that Open Air Jail Project adjoining the College may be dropped. During the meeting with the then Hon'ble Chief Minister, Mr.Panruti S.Ramachandran, then Cabinet Minister was also present and after detailed discussions, the Hon'ble Chief Minister, late Dr.M.G.Ramachandran agreed to alienate the lands to the College at a nominal cost and directed his Cabinet Minister, Mr.Panruti S.Ramachandran to communicate the decision to the Police Authorities as well as Revenue Officials. The then Hon'ble Chief Minister also permitted the College to take possession of the portion of the land measuring about 20 acres in order to enable the College to carry out the expansion activities. In addition to the fact that the lands were required for the College, the lands were agreed to be given to the College in view of the fact that a portion of the lands were in the form of island in the College Campus as well as adjacent to the College.

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The petitioners further added that in pursuance to the direction issued by the then Hon'ble Chief Minister to alienate the lands to the College and for taking possession, Mr.Panruti Ramachandran, then Minister communicated the decision of the Hon'ble Chief Minister to the then Collector of Thanjavur, Sri T.R.Ramaswamy, who was then camping at Vaduvoor, Thanjavur District. In view of the permission granted by the then Hon'ble Chief Minister, the petitioners were allowed to take possession of the portion of the land adjoining the College measuring about 20 acres and superstructure and laboratories were put up in the land at the cost of several crores of rupees. The statutory authority, viz., Bharathidasan University inspected the premises and granted affiliation to this College and subsequently representatives of the AICTE also visited the College and granted approval to the College. The petitioner further submits that there was a direction by the Government to locate an Open Air Jail near the College. The said decision was challenged by way of a writ petition, but however, the same was dismissed and was confirmed in the Appeal also. In fact in the writ proceedings, this Trust offered to the Government its own lands of 70 acres situated at the place Thackankurichi in lieu of the 56 acres of land lying adjacent to the Shanmugha Campus and the then Inspector General of Prisons accepted the site offered by the

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Institution and recommended to the Government for issuing orders for exchange of lands. The petitioners further submit that even according to the records of the respondents herein, the Institution has been in possession of the land measuring about 20 acres even since its inception from 1984 and in fact, the Revenue Officials, Thanjavur have on more than one occasion recommended alienating of the lands in favour of the Institution.

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The petitioners further submit that while the Institution was under the impression that the lands will be alienated to them, they were shocked to receive a communication dated 30.04.1999 purporting to be issued under Section 7 of the Madras Land Encroachment Act, 1905 to show cause as to why action should not be taken under Section 6 of the Act to recover the land. After the receipt of the said communication on 30.04.1999, the College wrote a letter to the Thasildhar on 08.05.1999, requesting time to send reply as the examinations were going on etc., and a letter to the effect was delivered to the Thasildar on 10.05.1999, which was acknowledged by him. Though the Thasildar agreed to inform the Trust about the date of hearing, an order of eviction dated 24.05.1999 was suddenly passed calling upon the College to vacate the lands specified in the notice within 15 days. As the said communication was clearly in violation of the principles of natural justice and also in view of the fact that the petitioners had been in possession of the land from 1984, the College-Trust had filed a writ petition before this Court, challenging the eviction orders in W.P.No.9287 to 9292 of 1999. When the matters came up for hearing before this Court on 04.06.1999, the High Court was pleased to dispose of the writ petitions with a direction to the petitioners to file an appeal before the Appellate Authority within a period of six weeks.

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The petitioners further submit that in view of the liberty granted by this Court, the College-Trust had filed an appeal before the Appellate Authority, viz., the Revenue Divisional Officer, Thanjavur. The Revenue Divisional Officer, Thanjavur without properly considering the contentions made by the petitioners, dismissed the Appeal by his order dated 15.10.1999 and also granted liberty to the petitioners to file a revision before the Thanjavur District Revenue Officer. Accordingly, the petitioners filed a Revision Petition before the D.R.O., Thanjavur and the District Revenue Officer, Thanjavur found that reasonable opportunity was not given to the petitioners for presenting their case before the Thasildar and therefore, by his order dated 04.01.2000 remanded the matter to the Thasildar, Thanjavur with liberty to the petitioners to give a detailed representation against the notice of eviction. In pursuance to the liberty granted by the D.R.O., the petitioners filed a detailed representation to the Thasildar, Thanjavur on 24.01.2000. In the said representation, it was clearly pointed out by the petitioners that only in pursuance to the permission granted by the then Hon'ble Chief Minister, late Dr.M.G.Ramachandran, the possession

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was taken and therefore, the petitioners cannot be termed as encroachers for the purpose of land Encroachment Act and also further filed a supporting affidavit from the Ex-Minister, Mr.Panruti S.Ramachandran for vouching the above fact. It was also brought to the notice of the Thasildar that as per the Board of Revenue instructions and as per the Collector's standing order for Thanjavur District, if the encroachment is put up by permanent structure, the Board has considered that it may not be proper to resort to eviction and it was due to the failure of the Revenue Department Officials to take timely action before such construction of the said superstructure and the Board of Revenue has therefore, recommended that such land encroached upon may be assigned to the encroachers on collection of the value.

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The petitioners further submit that the Special Commissioner and Commissioner of Land Administration in and by his letter No.B2/58649/99, dated 13.03.2000 had informed the Secretary, Revenue Department, Government of Tamilnadu that "it is not possible to consider the request of alienation of 58.17 acres of lands to the petitioner-Institution without cost." The Thasildar, Thanjavur, by his order dated 21.02.2000 again rejected the contentions of the petitioners and ordered eviction. Aggrieved against the same, the petitioners filed an appeal before the Revenue Divisional Officer, Thanjavur, stating that the Thasildar has not considered the case properly and the affidavit filed by the then Minister, Mr.Panruti S.Ramachandran has not been given due weight and the occupation of the petitioners could never be termed as unauthorized. The Revenue Divisional Officer, Thanjavur, by his proceedings dated 26.06.2000, mechanically dismissed the Appeal against which revision was preferred before the District Revenue Officer, Thanjavur. The D.R.O, Thanjavur did not consider the various issues properly and dismissed the Revision by order dated 26.12.2000. Aggrieved by the said order dated 26.12.2000, the then Bala Seva Educational and Charitable Trust and VEE SEE BEE Trust filed a Revision Petition before the Commissioner of Land Administration, Chennai on 03.02.2001. In the said Revision Petition filed before the Commissioner for Land Administration, it was clearly pointed out that the petitioner never admitted at any point of time that they have encroached the land and also contended that there has been a violation of principles of natural justice as the D.R.O. has considered certain other documents, which were not brought to the notice of the petitioners. It was further pointed in the Revision that the Revenue Officials have recommended alienation of lands to the College as early as 1996 and the respondents are estopped in law from taking any action under the Land Encroachment Act. The second respondent, viz., the Special Commissioner and Commissioner of Land Administration ordered status quo to be maintained by his order dated 20.03.2001. In the meanwhile, in April 2001, the Shanmugha College of Engineering was notified as Deemed University by the University Grants Commission under Section 3 of the U.G.C. Act, 1956. It is further submitted that

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in the meanwhile while the proceedings are going on before the authorities, the petitioners were giving representations to the Government for alienation of the land and another Institution by name Periyar Maniamma Educational and Charitable Trust, which has unauthorizedly encroached nearly 100 acres of Government lands, also gave a representation to the Government for assignment of the Government land.

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The petitioners additionally added that the Special Commissioner and Commissioner of Land Administration in and by letter No.D.O.Lr.No.T2/4064/2002, dated 25.02.2002 had directed the District Collector, Thanjavur to send proposal for alienation of land occupied by Periyar Maniammai College and Shanmugha College of Engineering, after inspecting the lands and finding out whether the lands occupied are very essential for running educational institution. The Collector of Thanjavur by his letter No.Na.Ka.60671/98 H2 dated 27.05.2002 and Na.Ka.A2/37127/2002, dated 26.05.2002 have recommended for alienation of lands for both the aforesaid institutions, after inspection of the lands and verifying that the lands occupied are very essential for running the institution. The District Collector, Thanjavur as well as Commissioner of Land Administration have recommended for assigning the lands in favour of the petitioners as well as Periyar Maniammai Educational and Charitable Trust. The Government of Tamil Nadu by G.O.Ms.No.140/Revenue 514, Revenue Department dated 26.03.2003 has assigned nearly 100 acres in favour of the Periyar Trust on collecting single market value. The petitioner additionally added that he has received a notice of hearing in the revision petition and appeared before the Special Commissioner and Commissioner of Land Administration on 06.05.2003 and had submitted a written submission in which, the writ petitioner had revealed that the Periyar Maniammai College is also running nearby, petitioners' educational Institution. The said Periyar Maniammai Engineering College has been assigned lands to an extent of 100 acres on nominal cost and the same treatment should be given to the petitioners also. The other educational Institution occupied the Government land without permission but the petitioner's educational Institution has occupied the Government land on the basis of oral permission given by the then erstwhile Chief Minister of Tamil Nadu. It appears that the first respondent herein / Secretary to Government, Revenue Department, asked the Commissioner of Land Administration in the month of August 2003 for transfer of lands to the petitioner's educational institution, on the basis of guideline value of the property. Under the said circumstances, the second respondent herein had passed order in his proceedings in Rc.No.6251/2001/T2, wherein it is revealed that, "the request of the Trust was examined by this office and stay was granted in this office proceedings Roc.No.T2/6251/2001, dated 20.03.2001, that the status-quo of the disputed lands being maintained until disposal" of the Revision Petition. In the meantime, the Government in their letter No.541, Revenue Department, dated 19.12.2002, have ordered to evict the encroachments made by the

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Shanmuga Engineering College and Polytechnic in the disputed lands and also ordered to calculate the lease amount for the period from the date of encroachment till the date of the eviction of encroachment and collect the lease amount along with interest since the Government have issued final orders in this case. Consequently, the stay granted in this Revision Petition was vacated and the revision petition was also dismissed on 20.03.2001.

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The petitioner further stated that on the face of the order, the revision has not been disposed of on merits and appeared to have been disposed of in view of the letter of the Government in G.O.No.541, Revenue, dated 19.12.2002, about which the petitioners had no knowledge at all. The Government could not have issued a letter to a quasi-judicial authority and the second respondent, which is a quasi-judicial authority under Land Encroachment Act would not have in law dismissed the revision petition based on the said letter. On the face of the letter the person, who has passed the said letter is one Thiru.R.Satapathy, I.A.S., who did not hear the Revision Petition. Actually, the revision petition was heard by Tmt.O.Soosamma, I.A.S. on 06.05.2003 and orders were reserved. If the earlier Commissioner of Land Administration would not pass the orders and if there is transfer of officials, the new incumbent and the office ought to have given notice and should have heard the matter afresh before passing any order. Therefore, the second respondent's order dated 01.03.2004 is not maintainable. The petitioner further submits that in view of the fact that the revision has been dismissed at the instance of the Government by their letter dated 19.12.2002, the petitioner submits that no useful purpose will be served by filing further revision to the Government in this matter. Hence, the above writ petition has been filed before this Court challenging the second respondent's order dated 01.03.2004.

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The writ petitioner also filed an additional affidavit stating that the petitioners were permitted by the Government to occupy the lands in question, on the assurance that the said lands will be conveyed to the first petitioner in due course. The petitioners have been in possession of the lands which are the subject matter of the above writ petition for more than twenty five years. It is one of their contentions in the writ petition that while the petitioner's claim for assignment of lands has not been acceded to by the Government, the Government has however passed G.O.Ms.No.142, dated 26.03.2003 assigning nearly 100 acres of land to an educational trust situated at Vallam viz., Periyar Maniammai Educational and Charitable Trust. The above writ petition was admitted by this Court on 05.04.2004 and there was a stay granted in favour of the petitioners. The Government is yet to file a counter affidavit in the matter. During the pendency of the writ petition, on 05.12.2007, a further representation was sent by the first petitioner to the District Collector, Thanjavur, asking them to assign the land and offer was made to give 16.01 acres of land

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adjacent to the Government land as alternative etc. Thereafter, the petitioner's employees and representatives have sought for certain information from the Government in regard to allotment of 2 acres of lands and above to various institutions and others from 1975. The Public Information Officer at the Office of the Principal Secretary & Land Administration, Chennai, vide his letter dated 14.07.2010, has informed the applicant that there are no records maintained by the Department from 1975 for assignment of lands and directed the applicant to contact the Public Information Officer in each District and collect the Information. Immediately, an appeal was filed before the Tamil Nadu Information Commission (TIC), Chennai, on 19.07.2010 and the Tamil Nadu Information Commission, vide their proceedings dated 20.01.2011, directed the Commissioner of Land Administration to furnish all information as required therein. However, the Commissioner of Land Administration has indicated that they are not maintaining any records for assignment of lands. However, the following information has been collected.

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a) As per Tamil Nadu Government G.O.Ms.No.1 (tUtha; (epK II (1) Jiw) dated 04.01.2010, the Government of Tamil Nadu alloted lands of 26.32.5 hectares to South Indian Film Employees' Sammelanam and 12.82.0 hectares to Tamil Film Producers Sangam, totaling 39.14.5 hectares (96.68 acres) under conditions of Revenue Department's Order No.24. The petitioner further submits that the lease amount is Rs.1,000/- per acre as per Revenue Department's Order No.24A for a period of 99 years and the value of the above mentioned lands comes to Rs.70,75,73,277/-.

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b) As per Tamil Nadu Government G.O.Ms.No.112 (tUtha; (epK 5 (1) Jiw) dated 09.03.2001, 98.80 acres of lands assigned to Vellore Engineering College run by the North Arcot Educational and Charitable Trust under conditions of Revenue Department's Order No.24(6), on collection of land cost at the prevailing market price.

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(c) As per Tamil Nadu Government G.O.Ms.No.8 (tUtha; (epK 5 (2) Jiw) dated 06.01.2010, 40 acres of lands were assigned to Periyar Maniammai Educational and Charitable Trust, on collection of single market value amounting to Rs.53,04,000/-, value fixed as on 2003.

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The petitioners further added that while the petitioners having perused the matter for over 25 years for assignment and though offering to pay value of the land and alternatively exchange suitable lands, the Government has so far not taken any action, though in respect of several other institutions, continues to allow Government land. The first petitioner is a reputed Deemed University having world class facilities and has been recognized as a Centre for

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Excellence by the Government of India and the second petitioner is running a polytechnic college rendering service to poor students. Further, the petitioners do not collect a single paisa as capitation fee and admits students on merit alone and have created employment potential for over 10,000 people in the last 5 years. The petitioner further submits that with high quality technical education in a rural environment, SASTRA University has produced more than 20,000 engineering graduates. More than 10,000 students from Tamil Nadu, Kerala, Karnataka, New Delhi, Punjab, Andhra Pradesh, Madhya Pradesh, Kolkata, Himachel Pradesh, Jharkhand, Uttaranchal, Uttar Pradesh, Bihar and other Northern States, are studying in the University. More than 1,000 staff members consisting of teaching and non-teaching are working in the University. Hence, the petitioners entreat the Court to assign the land in favour of the petitioners educational Institutions which is running for the welfare of the public, as a leading public educational institutions.

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The petitioner supporting his case has annexed a copy of the supporting third party affidavit through Thiru.Panruti S.Ramachandran. It reveals that the said Panruti S.Ramachandran was a Minister of the State of Tamil Nadu during 1985 under the head of the late Dr.M.G.Ramachandran, the then Chief Minister of Tamil Nadu. While so, on 09.05.1985, the petitioner's educational Institution Trust met the Hon'ble Chief Minister of Tamilnadu at his office at the Secretariat and made representation to assign the dry land adjoining the college premises and also made a request for a proposal for setting up an Open Air Jail near the College premises shall be dropped. During the discussions and representations, the then Hon'ble Minister of the State Thiru.Panruti S.Ramachandran was present. The Hon'ble Minister Thiru Panruti S.Ramachandran further stated that the late M.G.Ramachandran, Chief Minister of Tamil Nadu had clarified with the State Officials of the concerned Departments and orally ordered for dropping of the proposal to set up an Open Air Jail near the petitioner's educational Institutions. Further, the Hon'ble Chief Minister Dr.M.G.Ramachandran ordered to assign the Government lands adjacent to the College premises to the petitioner's educational trust. Further, for the urgent need of the said land to the petitioner's Institution, the Hon'ble Chief Minister Late M.G.Ramachandran also permitted the petitioner-Institution to take possession of the land adjacent to the College since the Administrative Order could be passed only after observing necessary formalities.

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The Hon'ble Minister of the State, Thiru Panruti S.Ramachandran further stated that he was directed by the then Hon'ble Late Chief Minister to communicate the decision to the Jail Department as well as the then Collector of Thanjavur. On verification, he was informed that the then Collector of Thanjavur, Thiru.T.R.Ramaswamy was camping at Vaduvur, Thanjavur District and he telephonically informed to Mr.T.R.Ramaswamy, the decision conveyed by

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the Hon'ble Chief Minister and also the decision to convey the lands to the Trust and that the Hon'ble Chief Minister has permitted the trust to take possession of the required land of the Government near the College premises. He also phoned the then Inspector General of Prisons, Mr.Handa and conveyed the decision. During the meeting, the Trustees were also asked to meet the Inspector General of Prisons.

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The highly Competent Additional Government Pleader Mr.M.S.Ramesh had submitted the entire relevant files maintained by the respondents which reads as follows:-

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(i) On 15.04.2004, the Special Commissioner and Commissioner of Land Administration, Chepauk, had sent a letter dated 14.04.2004 to the District Collector Thanjavur, and informed that the revision petition filed by the Shanmuga College of Engineering has been dismissed and sought a report from the said District Collector in this regard. The Thasildar, Thanjavur had addressed a letter to the Revenue Divisional Officer dated 16.07.2004 stating that he had issued an eviction notice under Sections 7 and 6 against the SASTRA Deemed University for removing their encroachment. The aggrieved SASTRA University had filed a writ petition Nos.9287 to 9292 of 1999, on the file of the High Court of Madras. The Hon'ble Court disposed the case with liberty to the petitioner to file a departmental appeal before the Revenue Divisional Officer. Further, the District Collector, Thanjavur had also communicated the history of the case of the writ petitioner to the Special Commissioner, Land Administration.

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(ii) The Government/respondents file further reveals that on 07.10.2004, the Special Commissioner and the Commissioner of Land Administration had sent a communication and sought collection of lease amount including interest particulars. On 14.10.2004, the Additional Director of Prisons had sent a letter to the District Collector, Thanjavur and urged him to evict the encroachers, viz., Shanmuga College of Engineering Trust in order to construct the Open Air Jail. The Superintendent of Pudukottai District and another District had sent a proposal to the Revenue Thasildar in order to construct an Open Air Jail in the said lands. Further, on 18.02.2005, the Special Commissioner, Land Administration had sent a communication to the District Collector, Thanjavur stating that the proposal for allotment of Government land was rejected and urged the District Collector, Thanjavur to collect lease amount till the period of Shanmuga Engineering College's occupation. The Additional Director of Prison had sent another letter to the District Collector, Thanjavur 08.07.2005, to find out the stage of the Shanmuga Engineering College's appeal proceedings. On 03.03.2006, the Vice Chancellor of Shanmuga Engineering College had sent a letter to the District Collector stating that as per the direction of the Chief Minister of Tamil Nadu, the Late Dr.M.G.Ramachandran, the University had occupied an extent of 29 acres in the year 1984 and also raised a superstructure over the said land.

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(iii) As per the Adangal Register, it reveals that the property had been occupied by the petitioner Engineering College and also paid tax for the said property. The same has been certified by the Thasildar, Thanjavur, on 20.04.2002. Besides, as per the report of the Thasildar, the said College had constructed a Womens Hostel over the Government land in Survey Nos.148/25 and 148/28, and B Memo had also been registered in the name of the College. Further, the collected records of the respondents clearly show that the petitioner's college has occupied Government property as an encroacher.

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Mr.S.Thiruvenkataswamy, the highly competent counsel appearing for the petitioner submits that the first and second petitioners are educational institutions and are functioning in the same compound. Further, both the Institutions were established in the year 1984 and the same is considered to be one of the prestigious Engineering College as well as Polytechnic Institution in India. The Shanmugha Poly-technic is affiliated to Directorate of Technical Education and Shanmugha Engineering College has become a deemed University in the name of SASTRA University. The University has been accredited by National Assessment and Accreditation Council, a statutory authority with a grade for a more than a decade. The Government of India recognized the centre as "Centre for Relevance & Excellence in Advanced Computing and Information Processing". Further, the College is a deemed University since April 2001 and accredited by National Assessment Accreditation Council. Further, the educational Trust of the petitioner is also carrying on various philanthropic and charitable activities by serving the needs of the deserving public.

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The highly competent counsel appearing for the petitioner further submits that on 09.05.1985, the petitioner had preferred a request with the Hon'ble Chief Minister of Tamil Nadu, the late Dr.M.G.Ramachandran for an assignment covering the Government land for the future expansion of the College. The said meeting took place in the presence of the State Minister Mr.Panruti S.Ramachandran and other officials. The then Hon'ble Chief Minister had permitted the petitioners to take possession of a portion of the land measuring an extent of 20 acres, to carry out the expansion plans. It was also agreed to provide lands which came in the form of an island inside the campus as well as adjacent to the College for the same purpose of expansion plans. On the basis of oral order of the then Chief Minister, the petitioner has occupied to an extent of 20 acres and also raised superstructure investing, a colossal amount for raising the building. Further, originally, the land to be allotted to the Open Air Jail was subsequently cancelled since an alternative site was arranged. Under these circumstances, the fifth respondent, viz., the Taluk Thasildar, Thanjavur, had issued a notice

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to the petitioners on 30.04.1999 under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act. The Thasildar had not given sufficient time to submit a detailed report on the said eviction notice and directed the writ petitioner to vacate the lands. The aggrieved petitioner had filed W.P.Nos.9287 to 9292 of 1999 and challenged the said eviction order. This Court after hearing both sides disposed the said writ petitions with liberty to the writ petitioners to file a Department Appeal before the Revenue Divisional Officer, Thanjavur. Accordingly, the petitioner had filed an appeal before the Revenue Divisional Thanjavur, who dismissed the said appeal without assigning valid reasons and passed non-speaking orders. Therefore, the petitioners have filed a revision before the District Revenue Officer, Thanjavur. The learned District Revenue Officer, Thanjavur after hearing both sides, remanded the matter back to the Thasildar by giving liberty to the petitioners to submit detailed explanation. Accordingly a comprehensive explanation was submitted along with third party affidavit filed by the Hon'ble State Minister Thiru.Panruti S.Ramachandran who was the competent person, since he was present with the then Chief Minister, the late Dr.M.G.Ramachandran in the meeting held on 09.05.1985. Further, on 13.03.2000, the petitioner's college made a representation to the Special Commissioner / Commissioner of Land Administration, Chepauk to alienate the said land to an extent of 58.17 acres of lands free of cost, but the same was rejected by the second respondent herein. The Thasildar also rejected the explanation submitted by the petitioners and ordered eviction on 21.02.2000. Against the said eviction order an appeal was filed before the Revenue Divisional Officer, Thanjavur, who dismissed the said appeal on 26.06.2000 without application of mind and had also not mentioned any valid reasons in his dismissal order. Against the said concurrent finding, the petitioners have filed further revision petition before the DRO, Thanjavur, who also dismissed the said revision petition and confirmed his subordinate's orders on 26.12.2000.

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The highly competent counsel appearing for the petitioner further submits that the petitioners have filed revision before the second respondent / Special Commissioner, Land Administration. The Special Commissioner had also dismissed the said revision without holding an enquiry. In the mean time, the second respondent directed the District Collector, Thanjavur to send the proposal for alienating the land to Periyar Maniammal Educational and Charitable Trust and the petitioner's Engineering College after inspecting the land to find out whether the land occupied are essential for running the Educational Institution on 25.05.2002. Accordingly, the District Collector of Thanjavur, had sent communications on 26.05.2002 and 27.05.2002 in which, it was recommended for alienation of lands for both the Institutions, viz., the petitioner's Engineering College and Periyar Maniammal Educational and Charitable Trust, which is also running an institution by encroaching Government lands to an extent of 100

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acres. On 26.03.2003, the Revenue Department had issued a Government Order in G.O.Ms.No.142, and assigned the lands measuring an extent of 100 acres in favour of Periyar Maniammal Educational and Charitable Trust. Similar order has not been issued in favour of the writ petitioners and instead of that an eviction order has been passed which shows prejudice to the petitioners and also discrimination. Further, the revision petitioner was heard by the previous Commissioner of Land Administration, viz., Tmt.O.Soosamma, I.A.S. , without reopening the case for enquiry. The highly competent counsel appearing for the petitioner further submits that in the said lands there is no temple, mosque, church or any other religious house of prayer or any other religious practices, neither any other tree avenues nor valuable trees. Besides, the petitioners Institutions are possessing water mains, drainage, gutters, road formation and electrical service connection. The same has been provided by the respective Government authorities. The said land under the possession and enjoyment of the petitioners for more than tree decades.

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In support of his contentions, the highly competent counsel appearing for the petitioner has cited a judgment reported in B.Rajagopala v. S.T.A.Tribunal reported in Supreme Court 1573 (V 51 C 211)

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" (a) Motor Vehicles Act, (1939), (as amended by Madras Act 20 of 1948) S. 43A - Section confers power on Government to issue only administrative orders - G.O.No.1298 dated April 28, 1956 is outside purview of Section 43A inasmuch as it purports to give directions to Tribunals in matters which have to be dealt with in quasi judicial manner and is invalid - Order solely based on basis of such order has to be quashed."

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Hence, the highly competent counsel entreats the Court to quash the impugned order of the second respondent dated 01.03.2004 and direct the respondents to assign the lands to an extent of 57.19 acres in favour of the petitioners at Government cost as per the Government Guidelines value for the year 1984.

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The highly competent Additional Government Pleader Mr.Ramesh appearing for the respondents submits that the petitioners have occupied the Government land unauthorizedly and as such, they are encroachers. The respondents never passed any orders or granted permission to the petitioners for their occupation of the Government land. Further, the said land had been allotted for the Open Air Jail. It is an admitted fact that the petitioners unauthorizedly encroached the Government land and had constructed buildings over the said land. Therefore, the Thasildar, Thanjavur had initiated eviction proceedings under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act. After a comprehensive enquiry was conducted by the

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Thasildar, an eviction order has been passed and the same was confirmed by the Revenue Divisional Officer, Thanjavur, District Revenue Officer, Thanjavur and the Special Commissioner and the Commissioner of Land Administration in their respective proceedings on merits. Further, the petitioners had also paid penal tax to the Government for enjoying the Government lands unauthorizedly having made wrong entry into the Government property.

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The highly competent Additional Government Pleader further submits that the subject land has been proposed to be allotted to the Open Air Jail. The Additional Director of Prisons had also sent reminders to the District Collector, Thanjavur and requested him to evict the petitioners unauthorized occupation from the said land, which is a suitable place for the forming of the Open Air Jail. In the meantime, the petitioners had obtained interim stay in the above writ petition. Therefore, the proposal of forming the Open Air Jail is kept pending. Further, the petitioners Institution have no right in claiming vast areas of Government land for running the Educational Institution. The highly competent Additional Government Pleader further submits that the Thasildar had conducted a spot inspection and he found that the petitioners' Institutions had constructed 19 buildings for the use of the College Administration including three ladies hostels, canteen and Faculty Engineering Block. The total construction area to an extent of 54545 sq.ft which are unauthorized construction. The said construction had been started from the year 1985 onwards. Besides the Government had allotted a vast land for the formation of the Open Air Jail, which is still vacant and under process for the said formation. Hence, the learned Additional Government Pleader entreats the Court to dismiss the above writ petition.

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Per contra, the highly competent counsel appearing for the petitioners submits that the respondents cannot advance arguments which is not stated in the order and they cannot be heard to say that the land is intended for Open Air Jail.

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From the above discussions, this Court is of the view

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that:-

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(i) The petitioners have occupied the said land to an extent of 20 acres and raised superstructure over the said property in which the College is functioning including the ladies Hostel for college students. For constructing the said building, the authority of the Government had granted a building plan and as such, it is evident that the petitioners are in physical position from the year 1985 onwards without any interference from the respondents.

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(ii) The petitioners College and polytechnic are reputed and prestigious institutions and the petitioner's Engineering College has

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also been recognized as a deemed university and established in name and fame at National level. Until now, the College has turned out 20,000 successful engineering graduates and 90% of them were selected through campus interview. It clearly shows that the petitioners' educational institutions have reached paramount importance for developing high caliber engineers for the future in the rural area.

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(iii) On 09.05.1985, the petitioners College representatives met the then Hon'ble Chief Minister of Tamil Nadu, the late Dr.M.G.R. and deeply requested to allow the Government land situated in Survey Nos.124, 141, 148, Thirumalai Samudram Village, Thanjavur District to the first petitioner herein, to an extent of 57.19 acres and at that point of time, the then Hon'ble Minister of the State Thiru.Panruti S.Ramachandran was present. After considering the deep request of the petitioner the then Hon'ble Chief Minister of Tamil Nadu had instructed the concerned officials to observe necessary formalities and allot the said land to the petitioners educational trust for future expansion plan. In order to confirm the same, the Hon'ble Minister Thiru Panruti S.Ramachandran has filed an affidavit before the second respondent herein, viz., the Special Commissioner and Commissioner of Land Administration, Chennai-5, wherein the revision case is pending. The affidavit and its contents have not been controverted or disputed by the respondents. Therefore, the Minister's affidavit which was sworn in his name has to be considered as more than a written order. However, on the strength of oral order given by the then Chief Minister of Tamil Nadu, the petitioners occupied the said land and raised several buildings over the land for establishing the College. This nature of occupation by the petitioners can be treated as permissible possession as it is equivalent to lawful position. Therefore, the eviction proceedings initiated by the respondents herein under the Land Encroachment Act is not maintainable considering the facts of the case and as such, the impugned orders passed by the second respondent is not fit to be proceeded with any further.

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(iv) The respondents had allotted the lands for an extent of 96.68 acres under G.O.Ms.No.1, Revenue Department, dated 04.01.2010 to and in favour of South Indian Film Employees' Sammelanam and Tamil Film Producers Sangam. In the instant case, the petitioners' Institution Rules higher in importance due to its higher educational values when compared to cine field and entertaining Section of the Society. Therefore, the petitioners-Institutions are entitled to receive similar land assignment order and no discrimination has to be observed against them whatsoever.

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(v) Likewise, the respondents herein have also assigned lands to an extent of 98.80 acres to and in favour of Vellore Engineering College, run by the North Arcot Educational and Charitable Trust under G.O.Ms.No.112, dated 09.03.2001. As such, the petitioners' educational institutions also have to be treated equally

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by way of allotting the said land required by concerned writ petitioners.

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(vi) The respondents also assigned Government lands to an extent of 40 acres to and in favour of the Periyar Maniammal Educational and Charitable Trust under G.O.Ms.No.8, dated 06.01.2010 of the Revenue Department. As such, the respondents are ethically responsible to allow the Government lands as required by the writ petitioners at minimum cost as per the Government value for the relevant period for the year 1984.

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(vii) The land value is much less in comparison, with the cost of super structure buildings raised on the land. As such, the Government should show the maximum concession in such a deserving case as the Institution is the prestigious Institution besides being a boon to Society and hence, it should not be disturbed since it figures in the category of public institutions.

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(viii) It is also seen that even the Collector and the Commissioner for Land Administration have recommended the assignment of land on collection of market value to the Revenue Department.

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(ix) This Court is of the further view that the Taluk Thasildar, Thanjavur had conducted a spot inspection and enquiry on 24.02.2012 and he collected statements from the Village Administrative Officer and local public, who have attested in their statements that they have no objections to transfer the said Government land to the petitioners' Educational Institutions. As a matter of fact the State of Tamil Nadu in particular and the whole of India in general can look up with pride at the establishment of a highly reputed and esteemed engineering university and polytechnic, that has gained deemed status in a short period of time. This Court also holds that," He who opens the doors of an educational institution closes the doors of a prison." and hence, the running of the institution should not be hampered with in any way.

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On considering the factual position of the case and arguments advanced by the learned counsels on either side and on perusing the records produced by the learned Additional Government Pleader and also on perusing the documents annexed with the writ petition and views listed as (i) to (ix), this Court is inclined to allow the writ petition. Accordingly, the writ petition is allowed and quashes the order of the second respondent / Special Commissioner and Commissioner of Land Administration in his proceedings vide Rc.No.6251/2001/T2, dated 01.03.2004. Resultantly, the respondents are directed to assign the land situated in Survey Nos.124, 141, 148, Thirumalai Samudram Village, Thanjavur District measuring about 57.19 acres at the Government minimum cost as per the Government evaluation

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during the period of 1984. There is no order as to costs. Consequently, connected miscellaneous petition is closed.

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-s/d-

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Assistant Registrar(CSIII) Dated:04/09/2014

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True Copy
Sub-Assistant Registrar
r n s
To
1.The Secretary to Government,
Government of Tamilnadu,
Revenue Department, Fort St. George,
Chennai - 9.
2.The Special Commissioner and Commissioner
of Land Administration,
Chepauk, Chennai - 5.
3.The District Revenue Officer,
Thanjavur.
4.The Revenue Divisional Officer,
Thanjavur.
5.The Thasildhar,
Thanjavur.
+1 cc to M/S.G.R.Associates Advocate sr.41685

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W.P.No.9037 of 2004 & W.P.M.P.No.10545 of 2004

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sal(co) aa04/09/2014

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Shanmugha Arts, Science, v. State of Tamil Nadu, Rep by

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Shanmugha Arts, Science, v. State of Tamil Nadu, Rep by

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