IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.09.2023 CORAM :

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.No.22947 of 2006 Kali @ Buddan (Deceased)

2.Murugan

3.Selvi

4.Madhu

5.Chinnaval

6.Ramani

7.Narayanan (P2 to P7 are substituted as LRs of deceased P1 vide order dated 17.12.2018 made in WMP No.27423/2018) .. Petitioners vs

1.Tamil Nadu Boomithana Board, Rep. By its Special Officer and Director, Rural Development, Panagal Building, 2nd Floor, Saidapet, Chennai – 15. 2.The District Collector, Dharmapuri District, Dharmapuri.

3.V.Shanmugam 4.V.Chinnazhagi (R3 & R4 impleaded vide order dated 21.10.2019 made in WMP No.29947/2019) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus after calling for the concerned records from the respondents, quash the order of the 1st respondent bearing Na.Ka.2736/04/Po.Va.4 dated 16.05.2006 and the order of the 2nd respondent dated 16.03.2006 bearing Na.Ka.No.40734/2005/M2 as illegal, arbitrary, contrary to law and consequently direct the respondents to restore the land in Adakampadi Village, Dharmapuri District, measuring 1.77 acre in Survey No.603 to the petitioner, award cost and render justice.

For Petitioners : Mr.Balan Haridas For Respondents : Mr.T.Arunkumar, AGP for R1, R2 No appearance for R3, R4 ORDER The order impugned dated 16.05.2006 issued by the first respondent / Tamilnadu Boomithan Board and the order passed by the District Collector in proceedings dated 16.03.2006 are under challenge in the present writ petition.

2. The District Collector passed the impugned order in proceeding dated 16.03.2006 pursuant to the directions issued by this Court in W.P.No.31194 of 2005 dated 17.01.2005. The order passed by the District Collector reveals that the petitioner has violated the conditions and the said facts were established through the documents. The Boomithana Land Distribution Scheme imposes certain conditions for the beneficiaries and in the event of violation of the conditions, the assignments are liable to be cancelled.

3. Prior to the writ petition filed in the year 2005, the petitioner filed W.P.No.18214 of 2004 and this Court directed the Board to decide the issues. Accordingly, Tamilnadu Boomithana Board also conducted an enquiry and made a finding that Kali @ Buddan, had violated the conditions imposed and transferred the possession of the Board property in favour of one Mr.Shanmugam and Smt.Chinnazhagi. The said facts were verified by the District Collector, which was accepted by the Board and accordingly the land assigned in favour of the father of the writ petitioner was cancelled.

4. The counter filed by the respondents reveals that the land in Adakapadi Village, Dharmapuri District Taluk, in Survey No. 603, patta no.804 measuring 1.77 acres was donated to Bhoodan Board by Thiru.V.Muniappa Chettiat, s/o. Veerabathra Chettiar on 31.07.1956. The donation was published in Fort St.George Gazette on 29.07.1964 at page 20 of supplement part III and in the District Gazette on May 1964 page no.22. The said donation was confirmed by the Dharmapuri Thasildar by order no. 2365/65/A.4 dated 13.10.1964 under Section 17(4) of the Tamilnadu Bhoodhan Yagna Act, 1958. The donation was also duly registered in Dharmapuri Sub Registrar's Office record book I Volume 967 on page 243 & 244 by order no. 876 dated 20.03.1965. According to the Act, under section 19, the donated land was distributed to Thiru.Kali @ Buddan, S/o.Kiddan @ akshman. Therefore, Kali @ Buddan is the assignee of the subject land. Though the land was distributed to Kali, he has no right to sell or mortgage it as per the Bhoodan Rule 15(1). The patta of the land stands in the name of Bhoodan Board by patta no.804. As per the condition of distribution of assignees, the writ petitioner has no right to sell or mortgage the subject property to anybody else. Therefore, the Board has the power to cancel the distribution since he has violated Rule 15(1(i)) of