A S VIJAYARAGHAVAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, a practising advocate at Madras, has filed this writ petition by way of Public Interest Litigation.

(2.) IN or about 1967 an extent of 153.21 acres of land at Vilankurichi village, Coimbatore District was acquired for the establishment of the Government Medical College at Coimbatore. IN 1993, the Government decided to form an amusement park by the Social Welfare Department at Coimbatore and sought for opinion of the District Collector for suitable land. The District Collector sent a proposal stating that an extent of 25.19 acres abetting the national highways in Survey Nos.451/1,452 and 453 forms part of the Medical College can be taken for the purpose of establishing the amusement park at Coimbatore. The Government accepted the proposal and passed G.O.Ms. No.900, Revenue (M2) Department, dated 18.10.1994 transferring the land from the Medical Department to Social Welfare Department. Thereafter the Government has decided to entrust the land to the Tamil Nadu Corporation for Development of Women (hereinafter refer to as "MAHAM") and passed an order to that effect in G.O.Ms. No.192, Social Welfare and Nutritious Meal Programme Department, dated 6.7.1994 and the said Corporation will take up the project.

(3.) THEREAFTER on 3.8.1994 the MAHAM called for tenders to set up a hotel, shopping acrade and amusement items in the complex for the education and entertainment of children. The tender notices were published all over Tamil Nadu in Tamil newspaper and was published in Hindu also. The Government passed G.O.Ms. No.254, Social Welfare and Nutritious Meal Programme (S.W.V.) Department, dated 22.9.1994, accepting the proposal of MAHAM to let out an area of five acres to private parties for putting up hotel with a view to mobilize funds. The Government also permitted MAHAM to let out the said area of five acres to New Kenilworth Hotel Private Limited who got themselves impleaded as the nineth respondent in this writ petition. The Government passed another order G.O.Ms. No.277, Social Welfare and Nutritious Meal Programme (S.W.V.) Department, dated 20.10.1994 leasing out five acres of land to M/s.Jenneys Residency Private Limited who is the sixth respondent in this writ petition. The Government further passed an order permitting MAHAM to lease out the land of 10 acres to Jumbo's Joy Park Limited, the eighth respondent in this writ petition. On 9.1.1995 the Government had passed the above said orders permitting the MAHAM to lease out to the respondents 6,8 and 9 since the MAHAM had accepted the tenders pursuant to the tender notification dated 3.8.1994.