Rethna Sweeharan Vs The Official Trustee of Tamil Nadu

Rethna Sweeharan S/o.Edwin Thomas, Authorised Signatory, Sai Easwar Baba Trading Pvt Limited, New No.3, Old No.23, Veera Samy, Royapuram, Chennai 600 013.

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Applicant(s)

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Vs

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The Official Trustee of Tamil Nadu City Civil Court Annexe Building, High Court, Chennai 600 104.

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Respondent(s)

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A NO. 1942 of 2023

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S.Sathya Prakash S/o.E.R.Sundaram, H1, Alsa Cresecent Alsa Garden, No.72, Harrington Road, Chetpet, Chennai 600 031.

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Applicant(s)

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Vs

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The Official Trustee of Tamil Nadu City Civil Court Annex Building, High Court, Chennai 600 104.

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Respondent(s)

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https://www.mhc.tn.gov.in/judis

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A NO. 4013 of 2023

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D.Sathyamurthy S/o.Devaraj, No.102, Main Road, Kavarapalayam, Ambattur, Thiruvallur District, 600 054.

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Applicant(s)

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Vs

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The Official Trustee of Tamil Nadu City Civil Court Annex Building, High Court, Chennai 600 104.

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Respondent(s)

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A NO. 4467 of 2022

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M/s. Sre Sai Msand Rep.by its Partner S.Muruganandam, No.3, Subramaniapuram Road, No.2, R.S.Puram, Coimbatore 641 002.

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Applicant(s)

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Vs

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The Official Trustee of Tamil Nadu City Civil Court Annex Building, High Court, Chennai 600 104.

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Respondent(s)

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A NO. 4295 of 2022

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For Applicant(s):

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M/s.Pavithra for M/s.Avinash Wadhwani Sai Gautham For Respondent(s): Mr.N.Ramanathan The Official Trustee Of Tamil Nadu

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A NO. 1942 of 2023

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For Applicant(s):

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https://www.mhc.tn.gov.in/judis

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M/s.A.Ilayaperumal M.Pachiyappan-ms/3148/2013 R.Rajeshkrishnan K.Thamizharasan S.H.Kesava Perumal Rao

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For Respondent(s): Mr.N.Ramanathan The Official Trustee Of Tamil Nadu

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A NO. 4013 of 2023

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For Applicant(s):

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M/s.A.Ilayaperumal Mr.E.Ravi M.Pachiyappan-ms/3148/2013 R.Rajeshkrishnan K.Thamizharasan S.H.Kesava Perumal Rao

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For Respondent(s): Mr.N.Ramanathan The Official Trustee Of Tamil Nadu

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A NO. 4467 of 2022

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For Applicant(s):

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M/s.A.Ilayaperumal Mr.E.Ravi M/s. E. Sathiyaraj M.Pachiyappan-ms/3148/2013 R.Rajeshkrishnan K.Thamizharasan S.H.Kesava Perumal Rao

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For Respondent(s): Mr.N.Ramanathan The Official Trustee Of Tamil Nadu

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https://www.mhc.tn.gov.in/judis

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COMMON ORDER

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All the above applications are filed by individuals/third parties seeking

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direction to the Official Trustee to sell the property as per the directions of

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this Court in A.No.2453/1995 in OP.No.278/1948 dated 15.06.1995 by

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considering the representations of the individual applicants.

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2.A detailed Memo/Common Report dated 22.08.2024 has been filed by the

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learned AG&OT.

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3.Heard the learned counsels appearing for the applicants and the learned

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AG&OT.

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4.The properties which are the subject matter of these applications belongs

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to the Trust estate of Sri.Kandasamy Naidu. The Trust estate of

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Sri.Kandasamy Naidu is vested with the learned AG&OT as per the last Will of the testator dated 21.05.1948 and as per the Letters of Administration of

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this Court in OP.No.278/1948.

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https://www.mhc.tn.gov.in/judis

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5.It is not in dispute that several properties including an extent of 390

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grounds of vacant lands in Medavakkam near Purasaivakkam belongs to

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Sri.Kandasamy Naidu Charity which is now under the administration of

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learned AG&OT. An extent of 103 grounds was earlier the subject matter of acquisition for implement Housing Board project during 1985. Though the writ petition filed by learned AG&OT challenging acquisition was allowed, an appeal filed by the Department was allowed and a further appeal filed

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before the Hon'ble Supreme Court was partly allowed by permitting learned AG&OT to approach the Tamil Nadu Housing Board for compensation and other remedies. Subsequently, learned AG&OT filed WP.Nos.16632 and

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16633/2016 to quash the acquisition proceedings, since it had lapsed by

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virtue of Section 24[2] of Right to Fair Compensation and Transparency in

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Land Acquisition, Rehabilitation and Resettlement Act, 2013. Though

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appeals are filed by the Housing Board in WA.Nos.1251 and 1252/2023, the

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appeals are yet to be disposed of. The remaining extent of about 287

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https://www.mhc.tn.gov.in/judis

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Grounds, approximately measuring 15.79 Acres of land belongs to

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Sri.Kandasamy Naidu Trust is available on ground.

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6.An application was originally filed by the then learned AG&OT in

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A.No.2453/1995 seeking permission from this Court to sell the lands.

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Leading Educational Institutions and commercial Organizations filed

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applications for sale of properties to them. Even though several petitions

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were filed by private persons for issuing directions to learned AG&OT to

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sell the property to them, the applications filed by some of such persons

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were dismissed and several special leave applications filed before Hon'ble Supreme Court were also dismissed.

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7.It was thereafter, the Division Bench dismissed all the applications filed by

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the third parties seeking directions for sale of property by learned AG&OT.

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8.This Court, vide order dated 23.04.2008, issued directions preventing

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learned AG&OT from selling the lands of the Trust estate. Even the learned

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AG&OT made an effort to join hands with Government to float the Non-

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https://www.mhc.tn.gov.in/judis

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Profit making Company and to utilise the lands. Nothing materialised.

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Learned AG&OT has also indicated that the Trust estate of Sri.Kandasamy

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Naidu is having sufficient funds and the performance of the Trust is

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completely satisfactory as of now and the Trust has no other liability

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warranting disposal of the sale of its properties.

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9.In A.No.2453/1995 in OP.No.278/1948, the Division Bench of this Court

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has passed the following order:-

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1. The AGOT shall not sell any part of the lands, viz., 103

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grounds 0796 sq.ft., [the subject matter of the writ petition] and 287 grounds 2208 sq.ft. [the subject matter of the

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application] to any third parties for whatsoever purpose ;

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2. Every piece and part of the land, viz., 103 grounds 0796 sq.ft.[the subject matter of the writ petition] and 287 grounds 2208 sq.ft [the subject matter of the application] which vests with the AGOT as on date, shall be utilised only for achieving the object of the Trust, viz., education,

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including Information Technology Training for the poor

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and downtrodden, providing Health Care Services ; and for

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https://www.mhc.tn.gov.in/judis

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other Charitable purposes ;

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3. The AGOT is directed to draft a memorandum of understanding and to initiate such other steps for floating of a non-profit making company.

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10.In view of the specific direction given by this Court in the order referred