Madras HC: Judges differ on assigning land to private varsity

Contradicting the view of Justice Nooty Ramamohana Rao (since retired) the other Judge of the bench, Justice S M Subramaniam, while allowing the writ appeal filed by Secretary, Revenue Department, Government of Tamil Nadu, set aside the judgment delivered by a single judge in the matter of encroachment by Shanmuga Arts, Science, Technology Research Academy (SASTRA) deemed University, Thanjavur.

The matter relates to encroachment of government poromboke land to the extent of 58.17 acres on the outskirts of Thanjavur by the above deemed University. Because of the contradictory views expressed by the Judges of the Bench, the matter has been referred to Chief Justice enabling to place the matter before a third Judge for taking a view on the above.

Justice Nooty Ramamohana Rao, while referring to some other colleges such as Sri Ramachandra Medical College and another two colleges to which the Government has assigned government land, directed the government to re-consider its decision on payment of Rs 10 crore by the said University for assigning the land in its favour.

However, Justice SM Subramaniam of the bench who disagreed with the view proceeded with a separate judgment and directed the state to vacate the deemed University from the encroached portion of the government land and take possession of the same within a period of four weeks.

The Judge also directed the government to fence the said land and provide adequate security to it.