Statutory conditions under the Tamil Nadu Land Reforms Act cannot be circumvented by claims of waiver or estoppel; unauthorized sale of land under Section 37-B permission renders titles voidable.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records relating to Letter No.59183/LR3(1)/2005-57, dated 30.06.2022, to quash the same and consequently forbearing the respondents from interfering with the petitioner''s possession over the lands covered under the impugned order.

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent No.1 herein culminating in the Letter No.59183/LR3(1)/2005-56 dated 30.06.2022 and to quash the same and consequently restrain the respondent Nos.1 to 7, their officers, men, agents, etc. from taking any further action to resume the lands scheduled under G.O.(Ms.) No.1959 dated 17.12.1987.)

Common Order:

The writ petition in WP No.22388 of 2022 has been filed by M/s.SCM Silks Private Limited. The writ petition in WP No.23846 of 2022 has been filed by International Asset Reconstruction Company Private Limited.

2. Both the writ petitions are instituted questioning the validity of the order dated 30.06.2022 issued by the first respondent-Secretary to Government, Revenue and Disaster Management Department, Chennai – 600 009. Thus, the cases are heard together.

FOR MORE CLARITY, LET US FIRST CONSIDER THE SCOPE OF THE IMPUGNED ORDER UNDER CHALLENGE IN THESE WRIT PETITIONS:

3. The impugned order addressed to M/s.SCM Silks Private Limited was issued pursuant to the representation submitted by the said Company, seeking exemption under Section 73 (vi)(vii) of the The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 [herein after referred as ''The Act'', in short]. The order impugned states that the request of the petitioner M/s.SCM Silks Private Limited cannot be considered for grant of exemption under the Act and further action will be taken after resuming the land from Sri Ramachandra Educational and Health Trust. Therefore, the first respondent has not passed any final orders either resuming the lands covered under Section 3 7-B of the Act or assigned the lands in favour of any other persons. The order impugned in unambiguous terms stipulates that further action will be taken for resumption of the Government lands from Sri Ramachandra Educational and Health Trust for whom the permission was granted to establish Medical Institution under Section 3 7-B of the Act. Therefore, the Government had no official transaction with the writ petitioners. M/s.SCM Silks Private Limited is no way connected with the permission granted to establish Medical Institution by Sri Ramachandra Educational and Health Trust under Section 3 7-B of the Act.

4. Thus, the application submitted by the M/s.SCM Silks Pvt Ltd., seeking exemption under Section 73(vi)(vii) of the Land Ceiling Act, was rejected and further intimation was given that actions will be initiated against the Sri Ramachandra Educational and Health Trust. Thus, the scope of adjudication in the writ petitions filed by the petitioners herein are undoubtedly limited and they are attempting to establish the case pursuant to the sale of 37-B lands by Sri Ramachandra Educational and Health Trust in favour of third parties.

5. Question arises, whether the petitioner M/s.SCM Silks Pvt Ltd., is entitled to seek exemption under Section 73(vi)(vii) of the Act, from the application of the Act by itself, in the absence of any permission granted in favour of the writ petitioner M/s.SCM Silks Pvt Ltd., under Section 37 -B of the Act. Thus, the issues are to be confined with reference to the rejection of exemption under Section 73 (vi)(vii) of the Act and it becomes unnecessary to expand the scope of the writ petitions.

FACTS AS STATED IN WP No.22388 of 2022:

6. In G.O.Ms.No.1079, Health and Family Welfare Department dated 01.07.1985, the Government approved the propo