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2011 Supreme(Mad) 301

2011 (1) LW 655, 2011 (3) CTC 321
High Court of Judicature at Madras
C. NAGAPPAN & M.M. SUNDRESH
The Secretary The Coimbatore Vasavi Trust
Versus
K. Karuppasamy & Others
W.A. NO.1156 OF 2003 & W.A.M.P.NO.26 OF 2010
Decided on : 21-01-2011

Appearing Advocates:
For the Appellant:A.L. Somayaji, Senior Counsel for N. Ishtiaq Ahmed, Advocate.
For the Respondents:R1 to R10 - S.V. Jayaraman, Senior Counsel for R. Chandrasudan, Advocate, R11 & R12 - A. Arumugam, Special Government Pleader, R13 to R22 - A.M. Packianathan Easter, Advocate.

The main legal point established in the judgment is the strict interpretation of exception clauses and the need for wider interpretation of welfare legislation, emphasizing the literal rule of interpretation when the language of the statute is clear.

Headnote:

Land Reforms - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 - Section 20-A, Section 37-B - Summary of Acts and Sections: The court analyzed the provisions of the Tamil Nadu Land Reforms Act, 1961, particularly focusing on Section 20-A and Section 37-B. It highlighted the penalty for future acquisition in contravention of the Act under Section 20-A and the scope of seeking permission to hold or acquire land for educational or hospital purposes under Section 37-B. The court emphasized the wider interpretation given to welfare legislation and the strict interpretation of exception clauses.

Fact of the Case:

The appellant, a Trust, acquired land which was later declared as vested with the Government under Section 20-A of the Act. The appellant sought permission under Section 37-B to hold the excess land for educational and hospital purposes. However, possession was taken and the land was assigned to 21 landless individuals. The respondents filed a Writ Petition to quash the Government Order granting permission to the appellant. The single Judge allowed the Writ Petition, leading to the present Writ Appeal.

Finding of the Court:

The court found that the exercise of power under Section 37-B by the 11th respondent was without authority and jurisdiction. It also held that the order passed by the 11th respondent lacked application of mind and had civil consequences for the respondents. The court dismissed the Writ Appeal and allowed the impleading petition.

Issues: The issues revolved around the validity of the order passed under Section 37-B, the non-application of mind by the 11th respondent, and the civil consequences for the respondents due to the order. The impleading petition seeking to include additional parties in the appeal was also a key issue.

Ratio Decidendi: The court emphasized the strict interpretation of exception clauses, the need for wider interpretation of welfare legislation, and the application of the literal rule of interpretation when the language of the statute is clear. It also highlighted the principles of natural justice and the distinction between 'no notice' and 'no adequate hearing' in the context of civil consequences.

Final Decision: The Writ Appeal was dismissed, and the impleading petition was allowed. No costs were awarded.

Judgment :-

1. This Writ Appeal has been filed by the appellant aggrieved against the order passed by the learned single Judge in allowing the Writ Petition filed by the respondents 1 to 10 by setting aside the order passed by the first respondent in G.O.Ms.No.357, Revenue (Land Reforms II (3) Department, dated 30.04.1998 by which the application filed by the appellant was allowed granting permission to hold an extent of 20.58 < acres of land.

2. The brief facts of the case are as follows: i. The appellant herein is a Trust created by a registered deed dated 03.12.1984. It acquired an extent of 20.58 < acres of land in Kurudampalayam Village, Coimbatore North Taluk, Coimbatore District, through various sale deeds between 1985 and 1987. Proceedings have been initiated by the Assistant Commissioner (Land Reforms), Coimbatore, by issuing a notice under section 20-A of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (hereinafter referred as 'Act 1958 of 1961') as amended by Act 37 of 1972) to show cause as to why the purchase made by the appellant Trust shall not be declared as null and void having acquired contrary to the provisions contained in the Act. ii. After considering the reply given by the appellant dated 15.02.1990, a final order was passed by the Assistant Commissioner (Land Reforms), Coimbatore in Reference No.8405/88/E dated 09.06.1990 declaring an extent of 20.58 < acres of land as having vested with the Government. The appellant filed a revision before the Special Commissioner and Commissioner of Land Reforms, Chepauk, Chennai - 600 005, challenging the order passed by the Assistant Commissioner under section 20-A of the Act. An application was also filed by the appellant on 21.06.1990 to the Government namely the respondent No.11 herein seeking permission under section 37-B of the Act to hold the excess land already purchased for the establishment and running of educational institutions as well as for hospital purposes. iii. The revision filed by the appellant before the Special Commissioner and Commissioner of Land Reforms, Chepauk, Chennai - 600 005, challenging the order passed under section 20-A of the Act was returned directing the appellant to approach the proper forum. Thereafter, it preferred a revision before the Land Commissioner, (Land Reforms) namely, the respondent No.12 herein, challenging the order of the Assistant Commissioner (Land Reforms), Coimbatore passed under section 20-A of the Act. The revision filed by the appellant was dismissed by the 12th respondent on 13.12.1990 as time barred. iv. The application filed by the appellant under section 37-B was returned by the 11th respondent by letter dated 01.02.1991 for certain compliance. Since the appellant has not rectified the said defects and represented the application filed under section 37-B of the Act, the Assistant Commissioner (Land Reforms), Coimbatore sought for instruction to take over the possession of the surplus lands covered under section 20-A of the Act. Accordingly, the respondent No.11 granted permission in and by the proceedings dated 20.12.1994 to proceed in accordance with law consequent on the orders passed under section 20-A of the Act. v. Proceedings have been initiated by the Deputy Commissioner of Land Reforms under the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965 by calling for applications towards the assignment of land. Accordingly, publications have been made under the Rules in important places such as the office of the District Collector, Revenue Divisional Officer, Tahsildar, District Adi Dravidar Welfare Officer, ex-service men land office and the Panchayats. After the receipt of all applications, 21 persons have been selected, comprising of three categories namely, scheduled caste, backward community and ex-service men, being landless poor and the lands have been assigned in their favour in the year 1995 (on payment of charges). In pursuant to the said assignment, possession wa

















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