The Madras High Court on Tuesday granted interim stay of the operation of an order of the Chennai Collector asking The Agri-Horticultural Society to vacate from the society lands on the northern side of Cathedral Road here by December 15.
In its petition, the society, represented by its honorary secretary V. Krishnamurthy said it was formed 152 years ago. The lands involved in the writ petition measured four Cawnies, 14 grounds and 1,472 sq.feet. The society received a notice dated September 29 from the Collector wherein the official contended that the lands in possession of the society were government lands and the society was in permissive occupation of the same.
The official wanted the society to give proof of ownership of the lands. The society responded by way of a letter dated October 29.
By the impugned communication dated December 8, the Collector, without even referring to the reply, asked the society to vacate from the society lands failing which action would be initiated to take possession. The Collector's action was arbitrary. The order was liable to be quashed on grounds of non-application of mind. The Collector's proceedings were against the government's stand in the earlier proceedings.
In his order, Justice M. Jaichandren said the government side took notice. Advocate-General P.S. Raman appearing for the official authorities had categorically admitted that though the reply was dated October 29, it was received by the Collector on November 1. It had not been considered before issuing the impugned proceedings. Therefore, the petition may be allowed on that ground alone.
However, Mr. Justice Jaichandren said, in view of the submission by the petitioner's senior counsel, G.Rajagopalan, that there were certain other issues which were to be gone into, including allegations of mala fide and colourable exercise of power by the authorities, the court found it appropriate to list the writ petition on January 4 for final hearing.
