1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.726 of 2011 and M.P.Nos.2 and 3 of 2011 1.Irudhayadasan 2.M.K.Ashalatha 3.Natarajan 4.Rymonds 5.C.Jenet : Appellants Vs. 1.St.Mary Health Educational and Research Foundation, Reg.No.U85100TN2010NPL074555, Rep by its Managing Trustee, Antony Joe Kingsley Fernandez, 5th Floor, Kalluveettil Shyras Centre, 47, Court Road, Nagercoil. 2.The Secretary to Government, Ministry of Health and Family (MCA2) Department, Secretariat, Chennai. 3.The Secretary to Government (Land Administration), Secretariat, Chennai. 4.The District Collector, Kanyakumari District, Nagercoil. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 25.06.2010 made in W.P.(MD).No.7267 of 2010 on the file of this Court. Prayer in WP.No.7267/2010: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to initiate land acquisition proceedings to acquire the lands required for the petitioner Trust as stated in the petition dated 5.04.2010 and assign the same on the market value to the petitioner as per application of the petitioner dated 05.04.2010. For Appellants : Mr.M.Ajmal Khan For Respondent 1 : Mr.M.Kalyana Sundaram Senior Counsel For Mr.Ramakrishnan https://hcservices.ecourts.gov.in/hcservices/ 2 For Respondents2to4 : Mr.R.Karthikeyan Additional Government Pleader JUDGMENT [Judgment of the Court was delivered BY M.M.SUNDRESH, J.] This Writ Appeal is filed by the appellants, who are third parties to the Writ Petition, against the order of the learned Single Judge dated 25.06.2010 made in W.P.(MD).No.7267 of 2010. 2. It is the specific case of the appellants that the direction issued by the learned Single Judge to the fourth respondent herein to consider the case of the first respondent herein by taking note of the representation dated 05.04.2010 is not maintainable in law and facts. 3. Mr.M.Ajmal Khan, learned counsel for the appellants submitted that no Writ of Mandamus would lie in the absence of any statutory right vested with the first respondent. The learned counsel further submitted that the provisions of the Land Acquisition Act, 1894, particularly with reference to Part VII, which deals with companies, do not permit an acquisition for the establishment of hospital. The learned counsel also submitted that the lands, which the first respondent seeks to acquire, are fertile lands belonging to the appellants, and therefore, the Writ Appeal will have to be allowed. 4. Mr.K.Kalyanasundaram, learned Senior Counsel for the first respondent, submitted that the first respondent has no objection to allow the Writ Appeal by setting aside the order of the learned Single Judge dated 25.06.2010. However, the learned Senior Counsel submitted that considering the genuineness of the representation made by the first respondent, a direction will have to be issued to respondents 2 and 3 herein to consider the representation made by the first respondent dated 05.04.2010 for the purpose of acquiring the lands belonging to the private parties under Rule 4(1) of the Land Acquisition (Companies) Rules, 1963. 5. As submitted by the learned counsel for the appellants, no Writ of Mandamus would lie in the absence of any legal right. Considering the fact that the first respondent does not have any legal right to seek a direction to respondents 2 to 4 to take steps to acquire the lands for its own benefit, we are of the view that the order of the learned Single Judge is liable to be set aside. 6. Accordingly, the order of the learned Single Judge dated 25.06.2010 made in W.P.(MD).No.7267 of 2010 is hereby set aside and the Writ Appeal is allowed. We make it clear that it is very well open to the first respondent or any of its subsidiaries to work out its remedy in the manner known to law, if so advised. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Ministry of Health and Family (MCA2) Department, Secretariat, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Secretary to Government (Land Administration), Secretariat, Chennai. 3.The District Collector, Kanyakumari District, Nagercoil. +1cc to the Special Govt.Pleader, Sr.No. 26402 +2cc to Mr.M.Ajmal Khan, Advocate, Sr.No. 26460 nb ssk/05.08.2011 /7c -3p/- JUDGMENT MADE IN W.A.(MD).No.726 of 2011 04.08.2011 https://hcservices.ecourts.gov.in/hcservices/