Petitioners sought allotment of 3 acres of government land for hill resorts. The petition was dismissed by this Court, holding that private entities have no legal right to approach the government for land allotment for recreation purposes.
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W.P(MD)No.14877 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.14877 of 2012
... Petitioners
Vs.
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W.P(MD)No.14877 of 2012
3.The Director, Panchayat Department, Kuralagam, Chennai-600 001.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order in Na.Ka.No. 38024/2011/AA1 dated 04.10.2012 passed by the fourth respondent and the orders passed by the sixth respondent in Na.Ka.No.9/2012 dated 12.07.2012 and 28.08.2012 respectively and quash the same and to direct the fourth respondent to pass orders on the representations of the petitioners dated 10.07.2012 and allot suitable land in Highways, Town Panchayat for developing Eco Friendly Tourism Resorts.
For Petitioner : M/s.A.Banumathy For R1 - R5 : Mr.S.Shanmugavel Additional Government Pleader For R6 : Mr.R.Velmurugan
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W.P(MD)No.14877 of 2012
ORDER
The present writ petition has been filed seeking to quash the order passed by the sixth respondent, under which, the request of the petitioners for allotment of 3 acres of land for formation of resort has been rejected.
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W.P(MD)No.14877 of 2012
the petitioners are proposing to form a Resort in a Government property. The petitioners have no legal right whatsoever to approach the Government or the local authority for allotment of land for formation of a Resort. Even assuming that the land does not fall within the Tiger Reserve Forest area, the petitioners have no legal right whatsoever to seek for allotment of land for recreation purposes.
dismissed. No costs.
22.07.2022
Index : Yes / No Internet : Yes / No jbr
To
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W.P(MD)No.14877 of 2012
Triplicane, Chennai-600 005.
Panchayat Department, Kuralagam, Chennai-600 001.
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W.P(MD)No.14877 of 2012
R.VIJAYAKUMAR ,J.
jbr
Order made in W.P(MD)No.14877 of 2012
Dated: 22.07.2022
2 issues framed by the court
Whether private entities have a legal right to seek allotment of government land for resort development.
Whether the rejection of land allotment due to the area being a Tiger Reserve warrants interference.
Mehadharshini Resorts Pvt Ltd.
M.M.K.Vettaikaran Educational Trust
Youthful Entertainers
Hiwavys Family Kitchens
The State of Tamil Nadu
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
