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Madras High Court
RATNAM
Thillai Vazhandanar Annapalippu Nidhi, Tirupanandal - Appellant
Versus
State of T.N. - Respondent
Decided On : 10/21/1980
LAND REFORMS - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - Section 5 (1) (d) (ii) - Section 2 (3) (b) - Section 78 (1) - Section 78 (2) - Section 80 - Appeal to Land Tribunal - Limitation - Condonation of delay - Powers of Land Tribunal - Construction of trust deed - Charitable trust - Public trust - Religious trust.
Fact of the Case:
A trust, Thillavazh Andanar Annam Palippu Nidhi, held agricultural lands of 185-23 standard acres as on 1-3-1972. Proceedings under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 were initiated against the trust. The Authorised Officer held that the trust was formed for religious and charitable purposes and that it is a public trust which was in existence on the date of the commencement of Act 37 of 1972, that is on 1-3-1972 and the trust is a religious trust of a public nature as well. The Land Tribunal held that the lands in question are held by Thillaivazh Andanar Annam Palippu Trust and not by the Kasi Mutt and that the primary intention of the founders of the trust is only to set apart properties for charitable purposes and hence the trust cannot be treated as a trust for public purpose of a religious nature. The trust challenged the order of the Land Tribunal.
Finding of the Court:
The court held that the appeal preferred by the respondent before the Land Tribunal was barred by limitation and, therefore, the Land Tribunal was in error in proceeding to entertain the appeal and dispose of the same. The court also held that the Land Tribunal erred in its construction of the terms of the trust deed and in arriving at the conclusion that the trust constituted thereunder is a charitable trust.
Issues: 1. Whether the appeal preferred by the respondent before the Land Tribunal was barred by limitation? 2. Whether the Land Tribunal erred in its construction of the terms of the trust deed and in arriving at the conclusion that the trust constituted thereunder is a charitable trust?
Ratio Decidendi: 1. Section 78 (1) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 provides that an appeal against a decision of the Authorised Officer under Section 9 (2) (b) of the Act shall be filed within sixty days from the date of such decision. 2. Section 78 (2) of the Act provides that the Land Tribunal may admit an appeal presented after the expiration of the period mentioned in sub-section (1), but not exceeding thirty days if it is satisfied that the party concerned had sufficient cause for not presenting it within the said period. 3. In the present case, the appeal was filed before the Land Tribunal only on 30-4-1977, which was beyond the period of sixty days prescribed under Section 78 (1) of the Act and even beyond the period of thirty days permitted under Section 78 (2) of the Act. 4. The Land Tribunal did not have the power to condone the delay beyond 15-2-1977 and therefore the order in I. A. No. 759 of 1978 purporting to condone the delay up to 30-4-1977 cannot be taken advantage of by the respondent to say that the appeal was filed in time. 5. The Land Tribunal, therefore, could not have dealt with this appeal at all as one having been preferred within time.
Final Decision: The court allowed the civil petition, set aside the order of the Land Tribunal, and restored the order of the Authorised Officer (Land Reforms).
ORDER:- Thillavazh Andanar Annam Palippu Nidhi, a trust represented by its trustee, is the petitioner in this Civil Revision petition, which is directed against the order of the Land Tribunal. (District Revenue Officer). Thanjavur, holding that the trust in question is entitled to hold only 5 standard acres under Section 5 (1) (d) (ii) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 58 of 1961 as amended by Act 37 of 1972 (hereinafter referred to as the Act). The trust in question had been created by the Head of Thiruppannandal Mutt Sri-la-Sri Kasivasi Muthukumaraswami Thambiran, under a deed of trust dated 16-7-1954 and the trust held agricultural lands of an extent of 199-33 ordinary acres equivalent to 185-23 standard acres as on 1-3-1972, in Ukkarai Village, Kumbakonam taluk. The Head of the Mutt has been constituted the trustee of this trust. Proceedings under the Act were initiated against the trust by the Authorised Officer (Land Reforms). In response to a notice in Form 4, the manager of the Mutt representing the trustee filed a statement of objections on 6-11-1976 and it had been stated therein that though the trust is known as Thillavazh Andanar Annam Palippu Trust, its purposes are both religious as well as charitable and as the lands held by the trust are controlled by the Kasi Mutt of Thiruppanandal, such trust lands are also exempt under Section 2 (3) (b) of the Act as amended by Act 37 of 1972 on the ground that the lands owned by the Mutt are exempt from the provisions of the Act. The Authorised Officer (Land Reforms), Thanjavur, on a consideration of the terms of the trust deed in the light of the provisions of the Act, held that the trust was formed for religious and charitable purposes and that it is a public trust which was in existence on the date of the commencement of Act 37 of 1972, that is on 1-3-1972 and the trust is a religious trust of a public nature as well. It was also further held by the Authorised Officer that though the lands stand registered in the name of the trust, they are held and administered by the Head of Thiruppanandal Mutt and, therefore, in view of the finding that the trust is a religious trust of a public nature. further proceedings should be dropped. Aggrieved by this, the respondent herein preferred an appeal in L.T.C.M.A. No. 36 of 1979 before the Land Tribunal (District Revenue Officer), Thanjavur. The Land Tribunal held that the lands in question are held by Thillaivazh Andanar Annam Palippu Trust and not by the Kasi Mutt and that the primary intention of the founders of the trust is only to set apart properties for charitable purposes and hence the trust cannot be treated as a trust for public purpose of a religious nature. In this view, the Land Tribunal concluded that the trust is entitled to hold only 5 standard acres and allowed the appeal. It is the correctness of this order of the Land Tribunal that is questioned by the trust in this Civil Revision petition.
2. The learned counsel for the petitioner raised two contentions. The first is, that the appeal in L.T.C.M.A. No. 36 of 1979 preferred by the respondent before the Land Tribunal, Thanjavur, was barred by limitation and, therefore, the Land Tribunal was in error in proceeding to entertain the appeal and dispose of the same. According to the learned counsel for the petitioner, the Authorised Officer (Land Reforms), Thanjavur, passed an order on 9-11-1976 and this order was communicated to the respondent on 5-12-1976. Relying upon these dates, the learned counsel for the petitioner submits that under Section 78 (1) of the Act, the respondent should have preferred an appeal to the Land Tribunal on or before 15-1-1977 or at least before 15-2-1977, with an application to condone the delay and that not having been so done, so the appeal filed by the respondent on 30-4-77 before the Land Tribunal was clearly out of time. The learned counsel for the respondent, on the other hand, would however acce
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