WOODLANDS HOTEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BOTH these petitions are tiled by the petitioner, a third party to the proceedings, praying to grant leave for him to seek review of the common judgment passed by this Court, dated 11.4.2008 respectively in W.A. Nos. 1030 and 1031 of 1998.

(2.) A brief history, leading to the filing of these petitions, is that the Government in 1836, has purchased lands in Mylapore village, Triphcane-Mylapore Taluk, Madras District, measuring an extent of C 6-18-1673 sq.ft. in O.S. No. 3410 (now part of R.S. No. 13) and an extent of C.4-22-226 sq.ft. in O.S. Nos. 3406 (part), 3407, 3408, 3409 and 3413 (now part of R.S. No. 13 and R.S. No. 64), Mylapore village, Madras District was acquired by the Government and placed at the disposal of the 5th respondent Agri Horticultural Society, for the specific purpose of maintaining an Agri-Horticulture garden. In the year 1912, another extent of C1-11-1823 sq.ft. in O.S. No. 3415 part was acquired by the Government and leased in favour of the above Society on annual rent, with provision for resumption. A specific lease deed was also executed. However, owing to non-fulfilment of the condition of grant by the Society, the Government by their order in G.O. Ms. No. 1362, Revenue, dated 26.3.1962 has ordered resumption of the land placed at the disposal of the Agri Horticultural Society. Challenging the said order of resumption, the Society filed W.P. No. 469 of 1962. While so, in the year 1964, a compromise was entered into between the Society, represented by its Secretary and the then Government of Madras, represented by the Secretary, Revenue Department and the same was communicated in G.O. Ms. No. 2572, dated 26.10.1964. Society has withdrawn the Writ Petition No. 469 of 1962.

(3.) THEREUPON, on 5.8.1989 itself, the Government has passed G.O. Ms. No. 1259, Revenue (LI) Department, dated 5.8.1989, ordering resumption of the lands for the above said public purposes together with the trees, plants and superstructures, if any, found on the lands. This order is challenged by the Society as well as by its Honorary Secretary Mr. V. Krishnamurthy, by filing two separate writ petitions in WP. Nos. 11058 and 11059 of 1989. THEREUPON, on 2.8.1989, the District Registrar/Registration of Societies, Central Madras, had issued a show-cause notice in his proceedings No. l2604/Ma.P/88, dated 2.8.1989 under Section 37 of the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975), regarding nine charges mentioned therein. Challenging the said show-cause notice, W.P. No. 11178 of 1989 was filed by the Society. In all these writ petitions, the main thrust of the Society and its Honorary Secretary, who are the 5th respondent in both these petitions, is that the Honorary Secretary of the Society Mr. V. Krishnamurthy. is a family friend of AIADMK General Secretary, Ms. Jayalalithaa and also the relative of Mr. K.K.S.S.R. Ramachandran, the former Minister in the earlier AIADMK Government and that there is violation of principles of natural justice and hence all the impugned proceedings are initiated by the Ruling DMK Government, only as a political vendetta.