M/S Apolo Hospital Educational v. 1.State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. Nos.30217 and 30220 of 2023 M/s.Apollo Hospitals Educational Trust, Regd. Office, 21, Greams Lane, Off Greams Road, Chennai - 600 006, rep. by its Trustee, C.Sreedhar ... Petitioner in W.P.No.33986/2003 M/s.Apollo Hospitals Educational Trust, Regd. Office, 21, Greams Lane, Off Greams Road, Chennai - 600 006, rep. by its Trustee, Mrs.Preetha Reddy ... Petitioner in W.P.No.33987/2003 Vs.
1.State of Tamil Nadu Rep. by the Secretary Revenue (R Department), Fort St. George, Chennai - 600009
2. The Principal Commissioner and Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005
3. Asst. Commissioner (ULT) and the Competent Authority, Thiruvallur District 1/6
No.5, Sannidhi Street, Poonamallee, Chennai - 600 056
4. M/s. Gopi Krishna Brick Industries No.684, Poonamallee High Road, Aminjikarai, Chennai - 600029 ... Respondents in Both WPs.
Prayer in W.P.No.33986 of 2003: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari by calling for the records ending with the proceedings of the first respondent in GO No.181 dated 23.04.2003 and quash the same.
Prayer in W.P.No.33987 of 2003: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Declaration declaring that the proceedings in respect of the petitioner's vacant land, measuring 59100 sq. meters, in Survey No.95/1 and others of Ayyambakkam Village have abated. In both Wps.
For Petitioner : Mr.S.Dayaleeswaran For Respondents : Mr.R.Ramanlaal Additional Advocate General, assisted by Mr.Yogesh Kannadasan Special Government Pleader for R1 to R3 COMMON ORDER Writ Petition No.33986 of 2003 is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari by calling for the records 2/6
ending with the proceedings of the first respondent in GO No.181 dated 23.04.2003 and quash the same.
2. W.P.No.33987 of 2003 is filed under Article 226 of the Constitution of India, to issue writ of Declaration declaring that the proceedings in respect of the petitioner's vacant land, measuring 59100 sq. meters, in Survey No.95/1 and others of Ayyambakkam Village have abated.
3. Today, when the matter is taken up for hearing, Mr.R.Ramanlaal, learned Additional Advocate General, assisted by Mr.Yogesh Kannadasan, Special Government Pleader appearing for respondents 1 to 3, submitted the status report as well as the copy of the G.O.Ms.No.111, Revenue (ULC I(1) ) Department, dated 03.03.2007 along with the letter issued by Secretary to Government, in Letter No.(MS)No.392/Revenue Department, dated 24.07.2007 and in the said letter, it is stated as follows in Point (v). Point: (v) There are cases where urban land owners filed writ Petition against the orders of withdrawal of exemption and the action taken to acquire the excess vacant land are pending in High Court, Madras. Further action in these cases may have to be dropped.
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4. Since the petitioners were in possession of the property on the date of repeal Act and in view of the subsequent event and the order issued by the Government, the prayer in the Writ Petitions had become infructuous.
5. Hence, these Writ Petitions are disposed of as having become infructuous. Consequently, connected Miscellaneous Petition are closed. There shall be no order as to costs.
20.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To 1.State of Tamil Nadu Rep. by the Secretary Revenue (R Department), Fort St. George, Chennai - 600009
2. The Principal Commissioner and Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 600 005
3. Asst. Commissioner (ULT) and the Competent Authority, 4/6
Thiruvallur District No.5, Sannidhi Street, Poonamallee, Chennai - 600 056 5/6
P.VELMURUGAN. J.
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