Case Note & Summary
The petitioners, Shanmugha Arts, Science Technology & Research Academy (SASTRA) Deemed University and VEE SEE BEE Trust, filed two writ petitions challenging a Government Order (G.O.Ms.No.84 dated 23.02.2022) and an eviction notice (dated 25.02.2022) issued by the Tahsildar, Thanjavur. The petitioners had been assigned land by the Government of Tamil Nadu for educational purposes. Disputes arose regarding the assignment, and the petitioners made representations to the government. The Supreme Court, in S.L.P.D.No.33230 of 2018 dated 14.09.2018, directed the respondents to consider the petitioners' representation dated 20.09.2018 in accordance with law. However, the impugned Government Order was passed without affording the petitioners an opportunity of hearing and without considering the Supreme Court's directions. The petitioners contended that the orders were arbitrary and violative of natural justice. The respondents argued that the assignment was subject to conditions and that the petitioners had violated those conditions. The court analyzed the facts and found that the impugned orders were passed without following the principles of natural justice and without complying with the Supreme Court's order. The court quashed both the Government Order and the eviction notice and directed the respondents to consider the petitioners' representations afresh after giving them a reasonable opportunity of hearing. The court emphasized that any decision affecting the rights of a party must be preceded by a fair hearing.
Headnote
A) Administrative Law - Natural Justice - Right to be Heard - Assignment of Land - The petitioners challenged a Government Order and eviction notice cancelling assignment of land without affording them an opportunity of hearing. The court held that the impugned orders were passed in violation of principles of natural justice and quashed them, directing the respondents to consider the petitioners' representations afresh after giving a hearing. (Paras 1-18) B) Land Law - Assignment of Land - Deemed University - Supreme Court Directions - The petitioners had obtained an order from the Supreme Court directing consideration of their representation. The impugned Government Order was passed without considering the Supreme Court's directions. The court held that the respondents failed to comply with the Supreme Court's order and directed them to consider the representation in accordance with law. (Paras 1-18)
Issue of Consideration
Whether the impugned Government Order and eviction notice are sustainable in law, given the alleged violation of principles of natural justice and non-compliance with the directions of the Supreme Court.
Final Decision
The court allowed the writ petitions, quashed the impugned Government Order in G.O.Ms.No.84 dated 23.02.2022 and the eviction notice dated 25.02.2022, and directed the respondents to consider the petitioners' representations afresh after giving them a reasonable opportunity of hearing, in accordance with law.
Law Points
- Natural justice
- Right to be heard
- Assignment of land
- Deemed university
- Government order
- Eviction notice
- Supreme Court directions
- Writ of certiorari
- Writ of mandamus
