P.MANIARASAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Writ Petition has been filed as a pro bono publico for the issuance of a Writ of Certiorari to call for the records relating to the Government Order in G.O.(Ms.) No. 85, Revenue [Va.Nee 1(2)] Department, dated 09.03.2012 from the 1st respondent, and quash the same as illegal, null and void and without jurisdiction. The brief facts, which are relevant and necessary for the disposal of this writ petition, are stated herein below:

(2.) (I) On behalf of the 1st respondent Principal Secretary to Government, Revenue Department the Joint Secretary to Government, Revenue Department, Chennai has filed a detailed counter stating inter alia that the allegation that the Syndicate of the University has no power or authority to sell or transfer or alienate the properties of the University is misconceived. It is stated that as per Section 22 of the Tamil University Act the Syndicate of the University has got ample powers to administer the properties of the University. As regards the non-participation of the Vice Chancellor in the meeting held on 03.09.2011 is concerned, it is stated that at the relevant point of time only a sub-Committee constituted by the Government with the approval of the Chancellor of the University viz., the Governor of Tamil Nadu was administering the affairs of the University, as the tenure of the Vice-Chancellor expired prior to the said meeting viz., 21.03.2011. Therefore, the sub-Committee alone has been discharging the duties of the Vice-chancellor till the present Vice-Chancellor assumed office on 10.02.2012. The three Deans, who participated the meeting on 03.09.2011 representing the Syndicate were also properly appointed by the then Vice-Chancellor after considering their seniority. Therefore, the allegation that the Vice-Chancellor of the University never participated in the proceedings is absolutely baseless. Then, the allegation that the Secretary of the Tamil Development and Information Department cannot participate in the meeting is also baseless, because of the fact that as per Chapter IV Clause I (2.A.A) he is the Convenor of the sub-Committee, and therefore, he has every right to participate in the proceedings.

(3.) The 2nd respondent Registrar, Tamil University in his counter inter alia stated that the word to administer occurring in Section 22 of the Tamil University Act clothe the University with ample powers to deal with its properties for the welfare of the University. It is stated that after the expiry of the tenure of the then Vice Chancellor on 21.03.2011, the Syndicate of the University appointed a sub-Committee consisting of three persons to discharge the duties and responsibilities of the Vice-chancellor vide its proceedings dated 18.04.2011. The Chancellor of the University viz., the Governor of Tamil Nadu vide letter NO. 1275/U1/2011 dated 29.04.2011 informed the University that the sub-Committee constituted by the Syndicate has been approved. Therefore, from 21.03.2011 the sub-Committee alone has been discharging the duties and responsibilities of the Chancellor till the present Vice-Chancellor assumed office on 10.02.2012. The three Deans representing the Syndicate had been properly appointed by the Vice-Chancellor after considering their seniority. Therefore, the Vice-Chancellor of the University never participated in the proceedings is baseless. Likewise, the allegation that the Secretary, Tamil Development and Information Department cannot participate in the meetings is also baseless, in view of the fact that he is the Convener of the sub-Committee and as per Chapter IV Clause I (2.A.A.), he is also an Ex-officio Member of the Syndicate. The allegation that the Syndicate has no power to alienate the properties of the University is also incorrect. It is stated that the Government of Tamil Nadu allotted 1000 acres of land for the establishment of the Tamil University. An extent of 88.14 acres of land was sought to be taken away for the construction of District Collector's Office Complex. The Syndicate itself in its meeting held on 03.09.2011 decided to give 50 acres of land after receiving compensation from the Tamil Nadu Government, and that in future any request for acquiring the land would be considered only when it has nexus with the objects of the Tamil University. It was also resolved that the Government should also pay compensation for the trees which are sought to be cut for the construction of the Collectorate. The Syndicate also had in its mind that it need funds for the development of the University. Thereafter, a meeting took place among the District Collector, Commissioner of Land Administration and Commissioner of Revenue Administration, Tamil Development Secretary, Registrar of the University and PWD Officials on 24.10.2011, wherein it was decided that an extent of 7.50 acres with buildings near the proposed Collectorate Complex which is already in the possession and enjoyment of the University will not be disturbed. Secondly, it was decided that 61.79 acres of University land would be utilised for the construction of the new Collectorate. These decisions were placed before the Syndicate in its meeting held on 29.10.2011, and wherein it was decided to transfer 61.79 acres and the remaining poramboke land in possession of the University has to be assigned by the Government. It was also resolved to claim compensation for 50 acres of land and out of which a corpus fund has to be created in favour of the University. In the minutes of the meeting it was recorded that an extent of 62 acres would be adequate for the Master Plan Complex and the University has decided to give 50 acres of patta land and 12 acres of Government Poramboke land. The Conveners Committee also on 29.11.2011 recorded that 61.42 acres of land (patta land 50 acres and poramboke land 11.42 acres in possession of the University) is to be given, that the assignment for the remaining poromboke land is to be obtained from the Government and that from the compensation for the 50 acres of land a corpus fund has to be created. The present Vice-Chancellor assumed office on 10.02.2012. In the Syndicate meeting held on 23.03.2012 the resolutions of the Conveners Committee was ratified, and the impugned G.O. was acknowledged and accepted. It is stated that the 50 acres of land which were decided to be given is situated in the Western corner of the Campus. When the same is given for a public purpose, the University can also be benefitted by the compensation, which it is going to receive. Out of such compensation, since the University is going to create a corpus fund, it can be utilised for the development of the University. Therefore, the writ petition bereft of merits is sought to be dismissed.