DHARMAMURTHI RAO BAHADUR CALAVALA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The Government order passed in G.O.No.233, Revenue Department, dtd. 11/5/2004 is under challenge in the present writ petition.

(2.) The learned Senior Counsel appearing on behalf of the writ petitioner states that Dharmamurthi Rao Bahadur Calavala Cunnan Chetty's Hindu College is a public Trust created long back and running an educational institution for the benefit of the people of that locality. The College is utilizing the land allotted to the writ petitioner for the past many years. The original order was passed allotting the land measuring an extent of 21.52 Acres in S.No.492/1 at Thanduri Village, Sriperumbudur Taluk, at free of cost. Subsequently, the writ petitioner has paid the land cost as applicable. However, the order impugned states that an excess land was allotted in favour of the writ petitioner and the writ petitioner as of now is utilizing the land to an extent of 10.510 Acres and the remaining lands are to be declared as excess. Treating the land, which is not utilized by the College as excess land, the Government passed an order for restoration of the land for public purposes and for utilization of other Government schemes. The said Government order is under challenge.

(3.) The learned Senior counsel made a submission that no notice or opportunity was provided to the writ petitioner before issuing the impugned order by the 1st respondent. The learned Senior counsel is not disputing the point that the excess lands can be restored by the Government for implementation of other policies or schemes. However, the writ petitioner is entitled for an opportunity to explain their stand before the competent authorities.