Madras HC upholds order to retrieve land from amusement park

The bench comprising judges Justice Paresh Upadhyay and Justice Sathi Kumar Sukumara Kurup rejected the arguments of Rajam Hotels Pvt Limited representing the amusement park that contented neither the revenue department nor the Hindu Religious and Charitable Endowment (HR&CE) department can claim ownership for the 21-acres of Anadheenam (unclaimed) land. 

The petitioner challenged the order of Justice M Sundar directing the officials to evict the amusement park submitting that since the HR&CE department is not the owner of the land, they could not evict the amusement park. 

The petitioner said that the Tashlidar, Sriperumbudur could not demand a sum of Rs 1,08,69,423 without issuing any show notice or and without conducting enquiry in compliance with principles of natural justice in respect of 21.06 acres of anadeenam lands, claiming as arasu poramboke lands. 

“The subject writ petition is not pertaining to decide the ownership of the subject lands and is only pertaining to a question of law that there cannot be demand and notice without preceded by a show-cause notice and without conducting an enquiry,” the petitioner submitted. However, the bench refused to accept the arguments and concurred with the single judge’s order and dismissed the petition. On October 7, 2021, Justice M Sundar passed an order directing the HR&CE department to recover the 21 acres of disputed land from the Queensland amusement park management. The judge has also ordered the amusement park management to pay the damages to the tune of Rs 1,08,69,423 to the revenue department and a sum of Rs 9.5 crore to the HR&CE. On hearing the submissions by the state, Justice M Sundar held that the amusement park could not take advantage of the existing dispute between the HR&CE and revenue department to claim the property. 

The matter is pertaining to a plea moved by the amusement park management challenging the revenue department’s notice demanding Rs 1,08,69,423 as lease amount for possessing a land of Arulmigu Kasi Viswanathaswamy temple, Arulmigu Venugopalaswamy temple situated at Poonamallee.