Madras HC orders survey of land allotted to 'Quaide Milleth Educational trust'

Chennai: The Madras high court has directed authorities to survey the land in question, allotted to the Quaide Milleth Educational and Social Trust in Nanmangalam Reserved Forest in 1975, on September 24, 2018, and submit a report on September 26.

A division bench comprising Justices Huluvadi G. Ramesh and K. Kalyanasundram gave the directive on a petition filed by Quaide Milleth Educational and Social Trust represented by its general secretary M.G. Dawood Miakhan, which sought to restrain the authorities from interfering with the peaceful possession of 40 acres of land placed at the disposal of the trust.

According to the petitioner, in 1975, the state government ordered 40 acres of land to be placed at the disposal of the trust and directed the forest department to de-reserve the area. The trust had put up construction and the college was functioning since 1977. While so, the government passed an order dated September 25, 2012, resuming 29.33 acres of land out of 40 acres of land placed at the disposal of the trust on the ground that the 29.33 acres of land was unutilised.

Challenging the same, the trust filed a petition and it was dismissed by a single judge. Aggrieved the trust filed an appeal and the present petition.

The government without any notice or inquiry erroneously ordered resumption of 29.33 acres of land holding that the said area was undeveloped area.

The finding of the government that 29.33 acres of land has not been utilised by the trust was without any basis and untenable and the order of resumption has been passed in gross violation of principles of natural justice, the petitioner added.