CHAIRMAN THIRUVOTTIYUR MUNICIPALITY Vs. R REVATHY

JUDGEMENT

(1.) Introductory:-

(2.) The Government of Tamil Nadu at the instance of Thiruvottiyur Municipality acquired an extent of 13.93 acres of land in T.S.No.27 from the predecessor-in-interest of the respondent. The award was passed on 14 April 1964. The land was taken possession by the Thirovottiur Municipality and it was partly used for the water supply scheme. Due to the replenishment of sea water, the water could not be used for public consumption. The Municipality therefore, kept the remaining land unutilized. In view of the increase in the volume of cargo handled by Chennai Port Trust and more particularly containarized cargo, there was heavy traffic congestion on the Ennore Expressway, Manali Road, TPP Road and Inner Ring Road, which form the Northern corridor from NH4 and NH5. There was wide opposition from the public for use of the road by container trucks. It was aggravated on account of the several road accidents that took place in and around the area. The Chief Secretary to the Tamil Nadu government therefore convened a meeting of the officials of Chennai Port Trust, police department, Thiruvottiyur Municipality and all other stake holders to resolve the traffic bottleneck. In the said meeting a decision was taken to allot 11.26 acres of unutilized land belonging to the Thiruvottiyur Municipality to the Chennai Port Trust on lease, initially, for a period of three years. The Chennai Port Trust agreed to establish a transit parking terminal of container trailers as per standard terms. The land was initially given by lease deed dated 13 June 2007.

(3.) While so, a writ petition was filed by one of the legal heirs of the original land owner for reconveyance of the entire acquired land on the ground that the land was not used for the purpose for which it was acquired. The writ petition filed in W.P.No.14012 of 2007 was disposed of by a learned Single Judge by order dated 18 April 2007 directing the Government to consider and dispose of the representation on merits. The representation was ultimately rejected by the government by order dated 22 August 2008 on the ground that the land has already been given to Chennai Port Trust for operating its container parking yard.