LAWS(MAD)-2018-2-795

UNIVERSITY OF MADRAS Vs. S. ALAUDDIN AND OTHERS

Decided On February 23, 2018
UNIVERSITY OF MADRAS Appellant
V/S
S. Alauddin And Others Respondents

JUDGEMENT

(1.) The first respondent challenged the order passed by the Commissioner of Land Administration invoking suo motu jurisdiction and cancelling patta in W.P. No. 25067 of 2003. The learned Single Judge, throughout the order made it clear that the first respondent has to approach only the Civil Court. However, after saying so, in the concluding paragraph, the learned Single Judge quashed the impugned order passed by the Commissioner of Land Administration. The order is under challenge by the beneficiary of the land after taking leave.

(2.) This appeal came up for final disposal on 22 February, 2018. We have heard the learned counsel for the appellant. Since there was no representation on behalf of the first respondent, we have adjourned the matter to be posted today under the caption "For Orders". Even today, none appears on behalf of the first respondent.

(3.) The learned counsel for the appellant contended that 51.64 acres of land in S.Nos. 310/1, 2, 3 Kottivakkam Village, was allotted to the Technical Education Department, University of Madras for starting an institute of basic medical science. The land was allotted as per order in G.O.Ms. No. 469 dated 10 March, 1967 and the subsequent order in G.O.Ms. No. 1786 Health dated 21 July, 1973. The University took possession of the land and constructed a compound wall. Though the land is in the possession and enjoyment of the University, the learned single Judge quashed the order passed by the Special Commissioner.