The Madras High Court on Tuesday set aside the eviction proceedings initiated by Pallavaram Taluk Tahsildar against Vanniar Sangam which had constructed a building, used as a hostel, on 41,952 sq.ft., of land at St. Thomas Mount in Chennai.
Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy quashed the Tahsildar’s March 6, 2023 proceedings under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 since there was no conclusive proof of the land belonging to the State government.
The judges pointed out the Hindu Religious and Charitable Endowments (HR&CE) department and the Cantonment Board had made rival claims of ownership over the land and hence it would be improper to permit the revenue department to proceed with the eviction proceedings.
Senior counsel N.L. Rajah, representing Vanniar Sangam, had told the court it had purchased the property in 1992 from an individual who had obtained it on lease from Vadapalani Kasi Viswanathar Temple in 1979. Therefore, he claimed the writ petitioner was the rightful owner.
On the other hand, Special Government Pleader N.R.R. Arun Natarajan told the court the HR&CE department had filed a civil suit against Vanniar Sangam and obtained an ex-parte decree. He said, even execution proceedings had been initiated to recover the property.
Making things more complicated, advocate Chevanan Mohan, representing the Cantonment Board, claimed before the court that the land was actually a part of a much larger extent of 2,914 acres which had been notified as St. Thomas Mount and Pallavaram cantonment.
Mr. Mohan also stated the land had been categorised as B2 property which continued to be under the management of the State government despite having been notified as a cantonment.
After recording all their submissions, the Bench set aside the eviction proceedings initiated by the revenue authorities with liberty to the State government or any other authorities, having title over the property, to take appropriate proceedings as may be permissible under law.
