STATE OF TAMIL NADU Vs. V KRISHNAMURTHY

JUDGEMENT

(1.) THE Agri Horticultural Society was formed over 170 years back and according to the said respondent/Society, the objects of the Society are:

(2.) THE said Society consists of resident, non-resident, life members, honorary and extraordinary members and the subscribing members shall consist of four classes, namely 'life', 'A', 'B' and 'C' and according to the respondent/Society, as on date, they are having 1500 members, including life members. THE Governor of Tamil Nadu is the patron of the Society and the Management of the Society is vested in a Committee consisting of 20 members, Chairman, Honorary Secretary and Honorary Treasurer and Mr. V. Krishnamurthy, one of the respondents herein is the Honorary Secretary of the Society.

(3.) THEREUPON, the Government, by Letter No.45135/L1/89, dated 26.7.1989, placing reliance on clause No.(4) of the above said agreement, had issued a notice to the respondent Society, seeking to resume the lands immediately, for a public purpose, which includes (a) the development of sports facilities without affecting the environment and (b) development of horticulture and horticulture research and required the Society to state as to why the Government should not resume the lands for public purposes. The said notice was challenged by the Society as well as by its Honorary Secretary Mr. V. Krishnamurthy, by filing two separate writ petitions in W.P.Nos.10167 and 10168 of 1989 before this Court, on the ground that the impugned action was initiated by the Government as a result of political vendetta, since he is closely associated with AIADMK General Secretary and also a former Minister of the AIADMK Government. A learned single Judge of this Court, considering the fact that it is only a notice to which the petitioner could very well submit his reply, has dismissed both the writ petitions, by the order dated 1.8.1989. The learned single Judge has observed as follows: