The Agri-Horticultural Society, established in 1835 and registered in 1892, has initiated one more round of litigation before the Madras High Court claiming title over four cawnies (each cawny measuring 1.322 acres approximately), 18 grounds and 1,683 square feet of land next to Semmozhi Poonga on Cathedral Road in Chennai.
Justice S.M. Subramaniam is slated to hear on Wednesday the latest writ petition filed by the society. This time, it has challenged Land Administration Commissioner’s June 5, 2023 order setting aside Chennai Collector’s 2011 order for grant of ‘patta’ to the society with respect to the lands in question by recognising them as private property.
In an affidavit filed through senior counsel G. Rajagopalan, the society has accused the Commissioner of having set aside the Collector’s order due to political motives and claimed that the ruling Dravida Munnetra Kazhagam party had been creating troubles to the society ever since it came to power in the State in 1989.
Stating that the Collector had passed a well reasoned order after taking into consideration several British era records to prove that the society had purchased lands on its own apart from taking certain adjacent tracts of land on lease from the government, the society accused the Commissioner of having set aside the order without proper consideration of facts.
Further contending that the Commissioner ought to have approached the civil court to establish government’s title over the property instead of having invoked suo motu revision powers under the Revenue Standing Orders, the society complained of the government authorities having taken possession of the land immediately after the passing of the June 5 order.
“If the State feels it necessary to recover possession, it could be done only in accordance with law. The State cannot act like a thug by entering into a property, without notice, and forcing everyone outside. After entering the property, the respondent authorities have already started altering the character of the property,” it alleged.
Referring to the Commissioner’s meeting with the Chief Minister after passing the June 5 order and the news regarding the meet having been published widely in the media, the society said: “It is clear that the entire exercise was a farce and a political project being executed, throwing aside all canons of justice and fairness.”
However, the Commissioner of Land Administration, in a counter affidavit filed through Additional Advocate General J. Ravindran, has denied all allegations levelled by the petitioner society and asserted that the entire four cawnies, 18 grounds and 1,683 square feet of land, with a guideline value of over ₹523 crore belonged to the government.
The Commissioner stated that the petitioner society had filed a writ petition in 2011 itself challenging the show cause notice issued by his office seeking explanation as to why the then Collector’s order should not be set aside. That writ petition was dismissed in 2022 with liberty to the society to file its reply before the Commissioner.
Though the society went on appeal, a Division Bench of the High Court confirmed the single judge’s order and the Supreme Court too refused to entertain the appeal this year. Thereafter, the society was given an opportunity of hearing and it was after consideration of all materials that the June 5 order was passed, the Commissioner said.
The Commissioner stated the petitioner society did not possess any title deed to prove its ownership over the property and the fact could be understood from its own conduct. Though the society claimed to be in possession of title deeds dating back to 1811, it had not taken any steps to establish it till 2011, the officer said.
Stating that the society had actually taken on lease certain lands, on which Semmozhi Poonga was established after resuming them a few decades ago, the Commissioner said, the petitioner was in permissive possession of the present land parcel of over four cawnies since this part of the land was situated adjacent to the leased land.
