IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12..04..2024 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.16684 of 2023 S.R.Arun ..... Petitioner -Versus-

1.The Member Secretary, Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai 600005.

2.The Special Officer, Bhoodan Yagna, Ezhigalam, Chennai 600 005.

3.The District Collector, Collectorate, Tiruppur, Tiruppur District.

4.The Sub Collector, O/o Revenue Divisional Officer, Tiruppur, Tiruppur District.

5.The Revenue Tahsildar, Avinashi Taluk, Tiruppur District.

6.The Sub Registrar, Sub Registrar's Office, Avinashi, Tiruppur District.

.... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to release the land measuring an extent of 1.99 7/16 acres with various sub divisions in S.F.No.133, Velayuthampalayam Village, Avinashi Taluk, Tiruppur District, from the purview of TN Bhoodan Yagna Act 1958 pursuant to the recommendations made in the reports dated 16.03.2023 made in Na.Ka.No. 5457 / 2022 / E1 and dated 27.12.2022 made in Na. Ka. No. 2460/2021/A6 submitted by the respondent 4 and 5 respectively the 3rd respondent by considering the petitioners representation dated 03.11.2022.

For Petitioner : Mr.N.Manokaran For Respondent (s) : Mr.A.Selvendran, Special Government Pleader for RR 1 to 3

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus, directing the respondents 1 to 3 to release the lands measuring 1.99 7/16 acres with various sub-divisions in S.F.No.133, Velayuthampalayam Village, Avinashi Taluk, Tiruppur District, from the purview of the Tamil Nadu Bhoodan Yagna Act, 1958, pursuant to the recommendations made in the reports dated 16.03.2023 made in Na.Ka. No. 5457 / 2022 / E1 and dated 27.12.2022 made in Na.Ka. No.2460 / 2021 / A6 made by the respondents 4 and 5 respectively to the 3rd respondent by considering the petitioners representation dated 03.11.2022.

2. The facts leading to the filing of the present writ petition, in brief are as follows:-

(i) A land measuring 13.61 Acres comprised in S.No.133 situated at Velayuthampalayam village of Avinashi Taluk, was originally owned by one V.Muthurayappa Gounder. During his life, Muthurayappa Gounder donated 5 Acres of land out of 13.61 Acres of land to Bhoodan Board under a Gift Deed dated 16.09.1956. However, survey number of the land so donated was not mentioned in the gift deed. The said gift was subsequently published in Coimbatore District Gazette in July, 1962.

(ii) While so, the said Muthurayappa Gounder himself gave a representation on 01.03.1967 to the 2^nd respondent stating that he had donated land in S.No.523 of Pudhupalayam village and not in S.No.133 of Velayuthampalayam village. In fact, Muthurayappa Gounder and his three sons had partitioned the land in S.No.523 by partition deed dated 20.09.1970 in respect of the remaining extent owned by their family wherein they have specifically excluded 3.00 Acres of land in S.No.523 of Puthupalayam village, which was already donated to Bhoodan Board. Subsequently, Muthurayappa Gounder had requested the 2^nd respondent to release the land in S.No.133. The

2^nd respondent called for a report from the Special Deputy Tahsildar (Bhoodan), Coimbatore. Accordingly, the Special Deputy Tahsildar undertook a field inspection on 03.03.1967 and conducted an inquiry on 15.03.1967 and finally, the Special Deputy Tahsildar found that Muthurayappa Gounder donated 3.00 Acres of land in S.No.523 under Gift Deed dated 15.03.1967 and thereby requested to release the land in S.No.133 of Velayuthampalayam. The respondents 1 and 2 had accepted the above said alternative land in S.No.523 of Pudhupalayam village as per Form VII & Form VIII pursuant to the enquiry conducted under sub-section (2) (viii) of Section 17 of the Tamilnadu Bhoodan Yagna Act, 1958. Hence, Muthurayappa Gounder gave a representation dated 23.04.1967 to the Special Deputy Collector (Bhoodan), M