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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K. SASIDHARAN, P. VELMURUGAN, JJ.
M. Nanjappa Chettiar Memorial Trust – Appellant
Versus
The Director of Land Reforms, Land Reforms Department – Respondent
W.A. No. 441 of 2017 & C.M.P. No. 6617 of 2017
Decided On : 15-02-2018
Boodhan Yagna Act - Land Donation - Section 17A, Section 19(3) - The judgment discusses the appellant's request for the distribution of land donated for educational purposes. The court analyzes the provisions of the Boodhan Yagna Act, particularly Section 17A and Section 19(3), and their application to the case. The court emphasizes the requirement for the alternate land to be of equivalent value and the distinction between the value of land for exchange and for grant to a third party. The court's decision is based on the interpretation of these provisions and the appellant's failure to offer land of equivalent value.
Fact of the Case:
The appellant, a Trust, sought distribution of land donated for educational purposes under the Boodhan Yagna Act. The land was initially donated by the appellant's father and vested with the Boodhan Yagna Board. The appellant offered alternate lands, but the request was rejected by the first respondent.
Finding of the Court:
The court found that the appellant's offered alternate land did not meet the requirement of equivalent value as per Section 17A of the Act. The court also noted the distinction in value requirements for land exchange and grant to a third party under Section 19(3). The court concluded that the writ appeal failed and upheld the dismissal of the appellant's petition.
Issues: The issues revolved around the appellant's request for the distribution of donated land, the interpretation of Section 17A and Section 19(3) of the Boodhan Yagna Act, and the adequacy of the alternate land offered by the appellant.
Ratio Decidendi: The court's decision was based on the interpretation of Section 17A and Section 19(3) of the Boodhan Yagna Act, emphasizing the requirement for the alternate land to be of equivalent value and the distinction in value requirements for land exchange and grant to a third party.
Final Decision: The court dismissed the writ appeal, upholding the rejection of the appellant's request for the distribution of land donated under the Boodhan Yagna Act.
P. VELMURUGAN, J.
1. The writ appeal is arising out of the judgment dated 18.12.2015 made in W.P. No. 21845 of 2015.
2. It would be appropriate to notice that the aforementioned Writ Petition has been preferred by the appellant herein for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent in Na. Ka. No. K1/302/ 2010 (Nee Seer) dated 06.03.2015 and quash the order passed therein and consequently direct the respondents to grant permission to exchange the already donated land comprised in S. No. 152/1 of an extent of 2.75 acres situated at Neelambur Village, Sulur Taluk, Coimbatore District in lieu of the alternate lands offered.
3. Facts culled out in brief for the disposal of the writ appeal are as follows:-
3.1 The dry lands comprised in Survey No. 152/1, to an extent of 2.75 acres (1.11.5 hectares) situated Neelambur Village, Palladam Taluk, Coimbatore District originally belonged to one M. Nanjappa Chettiar. Prior to the enactment of the Tamil Nadu Boodhan Yagna Act, (hereinafter called as the "Act") when (Late) Shri Acharya Vinobha Bhave visited Coimbatore District, his father (Late) Nanjappa Chettiar donated the said land for Boodhan Yagna. The donation was published in the Coimbatore District and State Government Gazette. The donation of the land was confirmed to the Boodhan Board in accordance with Section 17(4) of the Act. The declaration about the donation of the land to the Boodhan Yagna Board along with the other lands is registered in the office of the Sub-Registrar, Sulur on 23.03.1965 as Document No. 372/1965. Thereafter, in accordance with Section 17(b) of the Tamil Nadu Boodhan Yagna Act, the land became vested with the second respondent/Boodhan Yagna Board.
3.2 It is further submitted that though the ownership of the land changed in the name of the Boodhan Yagna Board, the land continued to be in possession of Smt. Nachiammal, his mother and also the wife of Donor (Late) Nanjappa Chettiar. Mr. Nanjappa Chettiar died on 22.06.1984. In order to perpetuate the memory of (Late) Nanjappa Chettiar, a Trust by name "M. Nanjappa Chettiar Memorial Trust" was formed by the family members of Nanjappa Chettiar on 22.08.1986.
3.3 The object of the Trust among other things, is to establish, maintain and administer educational institutions. The Trust Deed is registered as Document No. 23/86 on the file of Sub Registrar, Sulur. The appellant has further submitted that the Trust is a public charitable Trust started with the aim of doing educational and charitable works. It is submitted that they wanted to construct a matriculation School in Neelambur Village to serve the needs of the local people and also the school going children of the nearby village in their Taluk. The land at S. No. 152/1, abutting the Coimbatore-Avinashi Main Road, which was donated by his father (Late) Nanjappa Chettiar was found suitable for raising building for the educational institution. Therefore, he wrote letters dated 10.10.1986 and 10.11.1989 to the second respondent-Boodhan Yagna Board to distribute the land to the Trust for constructing the school buildings. Though the land was registered in the year 1965 itself in the name of the second respondent, they have been paying the land tax every year to the State Government. They are also in continuous possession of the land. However, before starting the school building construction, they requested the Boodhan Yagna Board to distribute the land to the Trust for public and charitable purposes. Their mother Nachiammal also sent her statement to the second respondent stating as to how the land continued in her possession and expressed her "No Objection" for distributing the land to M. Nanjappa Chettiar Memorial Trust. It is further submitted that since there was a positive response from the Boodhan Yagna Board, they prepared the drawings for the school, laid the foundation and also dug a bore well on the said land in the year 1990
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