Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. PARTHIBAN, J.
G.V.Memorial Trust - Petitioner
Vs.
The Government of Tamilnadu - Respondents
W.P.No.2617 of 2005 & M.P.No.2736 of 2006
Decided On : 25-10-2017
Land Reforms - Trust - Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act - Section 37(B), Section 20(A) - The court discussed the application of Section 37(B) of the Act for acquiring lands for educational purposes, the definition of 'land' under Section 3(22) of the Act, and the procedure under Section 20(A) for penalty on acquisition of land in contravention of certain provisions.
Fact of the Case:
The petitioner trust sought to purchase lands for educational purposes, but later decided to sell some lands and purchase others due to unsuitability. The government granted exemption for the purchased lands but initiated action for the sold lands under Section 20(A) of the Act. The petitioner challenged the orders of the authorities.
Finding of the Court:
The court found that the authorities did not independently consider the nature of the lands and failed to follow the procedure under Section 20(A) of the Act. It held that the matter should be revisited by the authorities to determine if the sold lands fell within the definition of 'land' under the Act and if the petitioner violated any provisions before the sale.
Issues: The issues involved the application of Section 37(B) for acquiring lands, the definition of 'land' under Section 3(22), and the procedural requirements under Section 20(A) for penalty on acquisition of land.
Ratio Decidendi: The court's decision was based on the failure of the authorities to independently consider the nature of the lands and follow the procedure under Section 20(A) of the Act.
Final Decision: The court directed the authorities to revisit the matter and determine if the sold lands fell within the definition of 'land' under the Act and if the petitioner violated any provisions before the sale. It also allowed the petitioner to exhaust a statutory appeal if aggrieved by the findings.
1. Writ petition has been filed by the petitioner/Trust seeking the following relief:
'' To issue a writ of certiorari to call for the records of the respondents especially the order of the third respondent dated 27.06.2002 vide ROC No.1848 of 98-A1, as confirmed by the order of the second respondent dated 25.04.2005 vide Ref.D1 18370 of 2004 (Land Reforms) in respect of lands in several Survey Nos. of Gullapuram Village, Theni District measuring 31.76 acres and quash the same''.
2. The case of the petitioner is as follows:
The petitioner is a Public Charitable Trust formed in the year 1994 with the object of providing education for the people hailing from rural and underdeveloped areas. The petitioner trust is already running a school in the name and style of ''Srivalli Varadaraj Matriculation School'' at Periakulam, Theni. In order to fulfill the objects of the trust and extend their educational activities for providing educational needs to the underprivileged and the rural people like establishing educational institutions, hospitals and other public utility centers, the petitioner trust has proposed to purchase some lands for fulfillment of the objects of the trust.
3. For the above said purpose, the petitioner Trust had purchased 49.7 acres of land through various sale deeds and according to the petitioner trust, those lands were not cultivable lands and were barren lands. The lands were purchased under several Survey Numbers in Gullapuram Village, Melmangalam and Kovilpatti Village.
4. The petitioner trust on having purchased the lands measuring about 49.7 acres submitted an application originally on 01.11.1995 to the Government under Section 37(B) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, seeking permission to hold and acquire lands to educational and hospital purposes and necessary form seeking such permission had also been enclosed along with the application.
5. Later on, the petitioner trust found that some of the lands purchased by them in Gullapuram Village were not found fit for the fulfillment of the objects of the trust for more than one reason. One of the reasons was that the lands were not contiguous and therefore did not serve any useful purpose for utilizing the same for the trust's educational and hospital needs.
6. Since, according to the petitioner, the lands in Gullapuram Village were not the agricultural lands and incapable of being cultivated under any circumstances, the petitioner trust decided to sell the lands and make use of the proceeds of the sale of lands for purchase of other lands to an extent of 17.94 acres in the same village, adjacent to the lands in Melmangalam and Kovilpatti Villages. Accordingly, about 17.94 acres under several Survey Nos. of Gullapuram Village was purchased and the total lands thus purchased by the petitioner trust was 37.28 acres. In the changed circumstances, the petitioner trust had submitted another application on 04.01.1999 under Section 37(B) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961(herein after referred to as ''the Act'') seeking permission for acquiring the lands measuring about 37.28 acres.
7. According to the petitioner trust that the lands originally purchased in Gullapuram Village were un-cultivable barren lands and incapable of being used for agricultural purposes. Therefore, their original application which was made on 01.11.1995, seeking exemption, was on a mistaken belief on the part of the petitioner trust that such exemption was required. However the fact of the matter was selling of the subject lands by them did not attract any provisions of the Act, since the lands sold were cultivable and fell outside the scope of definition of lands as defined under the Land Reforms Act.
8. According to the petitioner trust the lands which were sold by them did not come within the definition of lands as defined under Section 3 (22) of the Act. The said position has been explained to the Government by the petitioner
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
