PAVAKKAI MANDAPAM TRUST, MADURAI REPRESENTED BY ITS TRUSTEE, R K RAMACHANDRAN @ RAMESH Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The writ petitioner is a Charitable Trust. It owns 20 cents of land in Survey Nos.1/1 Part and 3/1 Part and 7 in Villapuram Village, Madurai South Taluk. It constructed a few shops in the said survey numbers after obtaining permission from the Madurai Corporation way back in the years 1974 and 1980. The rent received from the said shops is utilized for funding its religious and charitable activities. On the 4th day of annual Chithirai festival celebrated in Madurai, Goddess Meenakshi visits the Pavakkai Mandapam situated in the said land. The adjoining lands are owned by Tamil Nadu Housing Board. Since there was no right of access from the highway, the petitioner Trust at the request of Madurai Corporation executed a sale deed dated 29.04.1994 in favour of the first respondent Board conveying a portion of their land measuring 572 Sq.ft.

(2.) While so, at the instance of the second respondent herein, the first respondent Board issued the impugned communication dated 02.03.2017 calling upon the trustee to remove the shops in question. The first respondent has stated in the impugned communication that the shops in question have been unauthorizedly put up on the land belonging to the first respondent Board.

(3.) It is the stand of the writ petitioner that the land in question is their absolute property. They have enclosed materials dating back to 1969.