SUBBA REDDY CHARITIES Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER/Party-in-person has filed this Writ Petition seeking for a Writ of Mandamus to remove the illegal encroachments in R.S.No.87/B of Adyar and R.S.No.90 of Velachery [present Town Survey No.36 of Alandur] and to cancel the name of Gandhi Market and to direct the Respondents 2 to 4 to initiate appropriate steps in accordance with law for restoring the water body (Mangulam) to its original position and to recover the Trust property for charity.

(2.) CASE of Petitioner is that his ancestor Subba Reddy has created a Trust and in this regard his ancestor Rangayya Reddiar has also left a Will dated 25.01.1922 in which reference is made about endowment of properties. The administration of the Trust is governed by High Court Scheme decree in C.S.No.180 of 1948 and C.S.No.247 of 1962. CASE of Petitioner is that his grandfather had dug a Kulam (Tank) in R.S.No.90 and the same is mentioned in the Will dated 25.01.1922 [Doc.No.3 of 1922]. According to Petitioner when he was in abroad, two Trustees had mismanaged the Trust selling the Trust properties and they did not take care about the Mangulam [Tank] dug by the founder. Petitioner has further alleged that the encroachers had encroached upon the Mangulam [tank] and the surrounding area which is a Trust property of Subba Reddy Charities. When the Petitioner had taken steps by approaching the District Collector, Kancheepuram, the encroachers have filed Writ Petition in W.P.No.19179 of 2007 in which the Court has directed the District Revenue Officer, Kancheepuram to conduct an enquiry and to give opportunity to encroachers and to pass appropriate orders. Encroachers have also filed number of Writ Petitions in W.P.Nos.11377 of 1998, 5665 of 2004 and 21479 of 2007.

(3.) PETITIONER-Yuvaraj Reddy appeared as Party-in-person. We have heard the PETITIONER-Yuvaraj Reddy.