SECRETARY TO GOVERNMENT Vs. NAWABZADA KHURSHEED MOHAMMAD KHAN

JUDGEMENT

(1.) This writ appeal is filed against the order passed by the learned single Judge in W.P.No.7068 of 2007 dated 2.9.2010, allowing the writ petition filed by the respondents 1 and 2 herein, challenging G.O.Ms.No.778 Revenue (LD) 4(2) Department dated 4.12.2006 and seeking direction to the appellant/State Government to separate and hand over 2/3rd share of the Non-evacuee property of the respondents 1 and 2 to the extent of 82.5 grounds in R.S.No.36/3 to 36/43 of Nungambakkam village in Egmore-Nungambakkam Taluk, Chennai or to hand over either of the land in R.S.No.35/78 or R.S.No.35/3 in Nungambakkam Village, or any other suitable lands in any other area, equivalent to the value of 2/3rd share of Non-evacuee property or to pay compensation to the property in question as requested by the respondents 1 and 2 in their representation dated 12.9.2003, recommended by the District Revenue Officer, Chennai, in his letter dated 27.4.2004 and Collector of Chennai dated 9.6.2004, with further direction to complete the whole exercise within a period of eight weeks. The State Government having aggrieved over the said order, filed this writ appeal.

(2.) The brief facts necessary for disposal of this writ appeal are as follows:

(3.) Mr.P.H.Arvind Pandian, learned Additional Advocate General, on the basis of the grounds of appeal raised argued that the contention of the appellant/State Government in this appeal is that the "Makeys Garden" is a composite property measuring 82.5 grounds consisting of 26 plots in R.S.No.36/3 to 36/43 of Nungambakkam Village, which was owned by the Prince of Arcot Sir Gulam Mohammed Ali Khan and in the year 1950 the daughter of the said Prince of Arcot viz, Aza Muniza Begum migrated to Pakistan, due to which her 1/3rd share in the composite property was declared as evacuee property under the Administration of Evacuee Property Act, 1950. The respondents 1 and 2 were fighting for the remaining 2/3rd share of the Non-evacuee property as they are the legal heirs of late Prince of Arcot. Learned Additional Advocate General submitted that on 10.9.1954 the Competent Officer viz., Evacuee Interest (Separation) Madras called upon the non-evacuee property owner to deposit the evacuee's share and also suggested that the composite property be sold by way of public auction as per Section 10 of the Evacuee Interest (Separation) Act, 1951. Valuation Officer was appointed, who fixed the value of the composite property as Rs.1,58,500/-. He also noted that some of the tenants are in the property, who obtained rights under the Madras City Tenants' Protection Act, 1921 and on 6.8.1968, based on the offer of the respondents 1 and 2 to purchase 1/3rd share, the Competent Officer ordered that the evacuee's share in the composite property be transferred to the respondents 1 and 2, if they were prepared to pay Rs.54,833.33 plus Rs.13,713.67 being the arrears of rent within one month, failing which the property could be sold by public auction. The respondents refused to pay the said amount and objected the demand of rent. As against the said order neither appeal was filed under section 14 of the Evacuee Interest (Separation) Act, 1951, nor they seek for partition of the composite property under section 10 of the Act.