LAWS(MAD)-2012-2-406

VENKATESWARA EDUCATIONAL AND CHARITABLE TRUST Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU INDUSTRIES SIPCOT LA DEPARTMENT CHENNAI

Decided On February 01, 2012
VENKATESWARA EDUCATIONAL AND CHARITABLE TRUST Appellant
V/S
SECRETARY TO GOVERNMENT OF TAMIL NADU, INDUSTRIES SIPCOT (LA) DEPARTMENT, CHENNAI Respondents

JUDGEMENT

(1.) M/s. Sri Venkateswara Educational and Charitable Trust prays for issuance of a writ in the nature of Certiorari to quash the notification issued vide G.O.Ms.No.103, Industries (SIPCOT-LA) Department, dated 05.07.2011, under Sub Section (1) of Section 3 of the Tamilnadu Acquisition of Land for Industrial Purposes Act, 1997 (hereinafter referred to as 'the Act'), and the notice issued by the State Government in exercise of power under Sub Section (2) of Section 4 of the Act, directing the petitioner to surrender the possession of the acquired lands to the Collector.

(2.) THE petitioner has also prayed for a writ in the nature of prohibition, restraining the respondents from taking possession of the trust lands falling in Survey No.187/2A3 to an extent of 0.17.0 Hectares (2 acres and 47 cents) situated in Mathur Village, Cheyyar Taluk, Tiruvannamalai District.

(3.) THE reason for seeking exemption was that the petitioner proposed to establish Saraswathi (Ramadoss) Engineering College. It was also conveyed that it was a Public Charitable Trust without profit motive and that the requisite applications had been filed with the authorities for granting of approval for running the College. It was also mentioned in the representation that the plan had been approved for construction of College building by the President of Panchayat on 27.02.2002, and a letter to the Director of National Council for Technical Education had also been sent.