LAWS(MAD)-2010-6-107

G VISWANATHAN Vs. STATE OF TAMIL NADU

Decided On June 22, 2010
G.VISWANATHAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Heard both sides. The petitioner is the Managing Trustee and Chancellor of Vellore Institute of Technology (VIT). He has come forward to challenge the notice, dated 16.09.2009 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 by the third respondent Tahsildar, Katpadi Taluk. The said writ petition was admitted on 29.09.2009 and an interim stay was granted. On notice from this court, the second respondent District Collector, Vellore has filed a counter affidavit, dated 12.12.2009. The petitioner has filed a rejoinder, dated 20.12.2009. Original records were also produced.

(2.) It is the case of the petitioner that he is the Founder and Chancellor of the VIT which is deemed to be an university under Section 3 of the University Grants Commission Act. The said institution is established by the North Arcot Educational and Charitable Trust created in the year 1984. It is claimed that the VIT had purchased lands for running their educational institutions. The first respondent had assigned 98.80 acres of land which was purchased by them as per the price fixed by the Government vide G.O.Ms.No.112, Revenue Department, dated 9.3.2001. By the same G.O., they were also put in possession of lands in Survey Nos.782, 783/2, 784/1A, 784/2A, 559 of Katpadi Village and S.Nos.20, 21, 22, 29/2, 31, 34/2, 36, 39, 446/1, 446/2, 447/1 and 447/2 in Kangayanallur Village for maintenance and the channels for enabling free flow of rain water to the lake at a distance. As per the condition imposed in the said G.O., the petitioner was maintaining the lands and also had constructed concrete revetment to the channels for free flow.

(3.) It was also claimed that certain portion of lands situated in between the lands assigned were subsequently sold by the Government. The petitioner also requested the Government for allotment of additional lands as the University was in need of those lands. The petitioner wrote letters to the Government and the District Collector on 20.7.2003, 11.11.2003, 2.4.2004 and 14.11.2005 for alloting or assigning or selling it on an outright basis. Those lands are lying as waste lands without use by the Government or any one. They were particular in buying the lands which are lying in between the lands alleged to have been at Katpadi village. The request by the petitioner for assigning of those lands for education purpose was pending consideration by the Government. Based on their request, the Deputy Secretary to the Government, Revenue Department by his letter dated 23.8.2008 called for various details The petitioner university had given details of those lands and its location including survey numbers. But their request was pending consideration by the Government.