2023 Supreme(Online)(MAD) 670
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.16776 of 2022
and
W.M.P.Nos.34964, 34968, 32975 and 34959 of 2023
The Administrator General and Official Trustee of Tamil Nadu
Rep. by Additional Deputy Administrator General and Official Trustee of Tamil Nadu
High Court, Campus, Chennai – 600 104. .. Petitioner
Vs.
1.State of Tamil Nadu
Represented by its Secretary to Government,
Revenue Department,
Secretariat, Chennai – 600 009.
2.The Special Commissioner,
Commissioner of Land Reforms,
Cheapuk, Chennai – 600 005.
3.The District Collector,
Erode Collectorate Building
Erode District – 638 011.
4.The Assistant Commissioner,
Land Reforms,
Erode – 638 001. ...Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorari to call for the records pertaining to the order passed by the 1st respondent in G.O.Ms.No.232, dated 18.02.1984, Revenue
Department and quash the same.
For Petitioner : Mr.E.V.Chandru
For Respondents : Mr.R.Ramanlal, Addl. Advocate General, assisted by Mr.T.Arun Kumar, Addl.G.P.
W.M.P.No.32975 of 2023 in W.P.No.16776 of 2023:
1. M.Vetrivel 2. T.Ebineser
3. R.Ganesan
4. C.K.Selvaraj
5. A.K.Udayakumar
.. Petitioners in W.M.P.No.32975 of 2023 in W.P.No.16776 of 2023
Vs.
1. The Administrator General and
Official Trustee of Tamil Nadu
Rep. by Additional Deputy Administrator General and Official Trustee of Tamil Nadu
High Court, Campus, Chennai – 600 104.
2.State of Tamil Nadu
Represented by its Secretary to Government,
Revenue Department,
Secretariat, Chennai – 600 009.
3.The Special Commissioner,
Commissioner of Land Reforms,
Cheapuk, Chennai – 600 005.
4.The District Collector,
Erode Collectorate Building
Erode District.
5.The Assistant Commissioner,
Land Reforms,
Erode.
.. Respondents in W.M.P.No.32975 of 2023 in W.P.No.16776 of 2023
W.M.P.No.32975 of 2023 filed to implead the petitioners in the petition as respondents 5 to 9 in the Writ Petition.
For petitioner in W.M.P.No.32975 of 2023: Mr.R.Govindaraj
For respondents in W.M.P.No.32975 of 2023:
Mr.R.Ramanlal, Addl.Advocate General assisted by Mr.T.Arunkumar, Addl.G.P.
for RR-2 to 5
Mr.E.V.Chandru for R-1
ORDER
This writ petition has been filed to issue a writ of Certiorari to call for the records pertaining to the order passed by the 1st respondent in G.O.Ms.No.232 dated 18.02.1984 Revenue Department and quash the same.
2. The brief facts are as follows:
Originally the subject properties belongs to one Palaniappa Chettiar
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and his wife Chellammal @ Rangammal in Sathyamangalam Taluk, Gobichettipalayam, Nambiyur Village, Erode Disrict. Both of them jointly executed a Will dated 27.09.1968, which enumerated various charities to be carried out from the income adumbrated from the properties.
A three member committee was constituted for carrying out the
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charitable objectives mentioned under the Will. Mr.Palaniappa Chettiar died on 05.10.1969 and his wife Chellammal @ Rangammal died on 24.12.1980. Thus, the Will came into existence thereupon, and the persons claiming to be representatives of Hindu Community in general, filed a suit in O.S.No.76 of 1981 on the file fo the District Munsif Court, Gobichettipalayam, for framing of scheme to manage the Trust properties and contesting defendants disputed the due execution of joint Will and claimed right upon the suit properties.
The Court below came to the conclusion that the Trust is not framed
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under the Will dated 27.09.1968 and the suit was dismissed, against which, the aggrieved parties filed appeals in A.S.No.851 of 1989 and A.S.No.606 of 1989 before this Court. Both the appeals were disposed by holding that the Will dated 27.09.1968 is a mutual and a joint Will. Further, it was held that after the death of Palaniappa Chettiar and Rangammal have no right to alienate the property and all alienations made thereon were declared as null and void. Consequently, this Court directed the District Munisf Court, Gobichettipalayam, having jurisdiction over the matter, permitted to discharge the receiver that it would be open to receive the amounts.
This Court further held that it would be open to the Judge to consider
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the entrustment of Administration and Management of the Trust to AG & OT of this Court, as he is functioning under the guidelines of the
Madras High Court.
Aggrieved by the judgment of this Court, Civil Appeal Nos.5924, 6469
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of 2005, etc., were filed before the Hon'ble Apex Court. The Hon'ble Apex Court, vide judgment dated 09.03.2017, had partly allowed the appeals and held that the Testatrix has absolute right to deal with the properties mentioned in the Will and alienation made by her during her lifetime is saved by the Will. The sale deeds in favour of the appellant therein as null and void were set aside. Further, the sale deeds mentioned in para 68 of the judgment are deleted from the description of the property in the plaint. Consequently, the Hon'ble Apex Court directed the Judicial Officer having jurisdiction over the case to frame scheme for the Trust within stipulated time.
Pursuant to the directions of the Hon'ble Apex Court , the learned
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Subordinate Judge, Gobichettipalayam, vide order dated 28.04.2018 made in I.A.No.413 of 2017 framed scheme for the management of the Trust and constituted a Board consisting of Commissioner, HR & CE, Revenue Divisional Officer, Gobichettipalayam and entrusted the Management of Trust properties to the Administrator General and Official Trustee (writ petitioner herein). Hence, trust properties vested with the AG & OT in tune with the order of the Hon'ble Supreme Court. 3. As per the order dated 02.02.1989 in O.S.No.76 of 1981 passed by the learned Sub-Judge, Gobichettipalayam, regarding the above said Trust agricultural land ad-measuring an extent 96.42 Acres of lands, vested with the AG & OT. Subsequent to it, the respondents had acquired the said lands under the Land Ceiling Act, 1961, which is not valid under law. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (herein after referred as Act 58 of 1961) was published in Tamil Nadu Government
Gazette on 02.05.1962.
4. As per the said Act, a ceiling of 30 standard acres of agric