P. MARKKANNATHAS Vs. DISTRICT COLLECTOR, COLLECTORATE

JUDGEMENT

(1.) THE petitioner is the Chairman of Bangaruammal Educational Trust. Its object is to establish and run educational institutions. With a view to promote the object of the Trust, the Trust purchased 1 acre and 60 cents along with some buildings comprised in S.Nos. 151(part), 153/1(Part), 365/1(Part) of Harveypatty Panchayat, Thirupparankundram Village, Madurai South Taluk, Madurai District and the Trust is running colleges under the name of Raj College of Education and Raj Teacher Training Institute at the aforesaid place. Totally 200 students are studying there, of which 160 students are girls.

(2.) ACCORDING to the petitioner, some encroachments were made by respondents 4 to 12 over small portion of the properties referred to above. They refused to remove their illegal encroachments and they are demanding exorbitant amount for vacating from the place. Further, the respondents 4 to 12 filed a suit in O.S.No.299 of 2008, before the District Munsif Court, Thirumangalam seeking permanent injunction against the petitioner. The case of the respondents 4 to 12 is that the suit land comprised in S.No.153/1 belongs to Government and they occupied one cent each, in total 9 cents have been occupied. It is stated that the petitioner is contesting the suit and the suit is still pending.

(3.) IT is also stated that for the purpose of safeguarding the girl students, the petitioner started to fence the lands by providing 8 ft. pathway to the encroachers for their ingress and egress to the road and the fencing was not fully completed.