IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.11.2025 CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE P.DHANABAL W.A.Nos.813 and 814 of 2023 and C.M.P.Nos.7750 and 7755 of 2023 W.A.No.813 of 2023:

The Church of South India Trust Association, Coimbatore Diocese, Rep. by Finace and Property Administrator, 256, Race Course Road, Coimbatore – 641 018. ...Appellant Vs.

1.The Assistant Settlement Officer, (South), Chennai – 600 005.

2.The Special Tahsildar, Erode Unit I, Town Survey & Settlement, Erode – 638 001.

3.Tahsildar, Erode.

4.The President, Mariamman Baktharkal Sangam, No.258, Theppa Kulam Street, Erode – 638 004.

5.Erode Makkal Nalam Naduvor Sangam, No.38/5, Mosikeerananr 6th Street, Erode – 638 003.

6.Gurulakshmanan ...Respondents P RAYER in W .A.No.813 of 2023: Writ Appeal filed under clause 15 of Letters Patent praying to set aside the order made in W.P.No.13313 of 2017 dated

02.12.2022 and allow this Writ Appeal.

W.A.No.814 of 2023:

The Church of South India Trust Association, Coimbatore Diocese, Rep. by Finace and Property Administrator, 256, Race Course Road, Coimbatore – 641 018. ...Appellant Vs.

1.The Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 600 009.

2.The Commissioner of Town and Country Planning, 807, Anna Salai, (Chengalvarayan Building 4th Floor), Chennai – 600 002.

3.The Chairman, Erode Loacal Planning Authority and District Collector, Erode.

4.The Member Secretary, Erode Local Planning Authority, TNHB Complex, Surampatti Nall Road, Erode – 9.

5.Erode Makkal Nalam Naduvargal Sangam, Rep. by its Secretary, M.Chandirasekaran, S/o.K.Chinnappan, No.11/3, Gandhi Nagar Colony, (Near KMCH Hospital), Erode – 638 009.

[R5 impleaded as per order dated 24.10.2013]

...Respondents P RAYER in W .A.No.814 of 2023: Writ Appeal filed under clause 15 of Letters Patent praying to set aside the order made in W.P.No.14705 of 2013 dated

02.12.2022 and allow this Writ Appeal.

For Appellants : Mr.V.Chandrasekaran For Respondents : Mr.R.Ramanlaal, Addl. Advocate General Assisted by Mr.T.Arunkumar, Addl. Govt. Pleader for R1 to R3 in W.A.No.813/2023 for R1 to R4 in W.A.No.814/2023 Mr.V.P.Sengottuvel, Sr. Counsel For Mr.K.S.Jeyaganesan for R4 in W.A.No.813/2023 Ms.S.Varsah for R5 in both W.A.s Mr.S.Ramprabu for Mr.S.P.Yuvaraj for R6 in W.A.813/23 *****

C O M M O N J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)

Under assail is the common writ order dated 02.12.2022 passed in W.P.Nos.14705 of 2017 and 13313 of 2017.

2. Both the Writ Appeals have been instituted by the Church of South India Trust Association and the Church of South India Coimbatore Diocese.

W.P.No.13313 of 2017 has been instituted challenging the order dated 10.05.2017 passed by the Assistant Settlement Officer (South), Chennai and for a direction to grant patta to the subject property admeasuring an extent of 12.66 acres in Old Survey No.586 and 587 present Ward E, Block 2, Town Survey No.28/2 – Block 3, Town Survey No.1 and 2 situate in Erode Town, Taluk and District. W.P.No.14705 of 2013 has been instituted challenging the order dated 12.03.2013 passed by Member Secretary, Erode Local Planning Authority rejecting the claim of the appellant and the consequential notification issued dated 10.05.2013.

3. Since the issues raised are common, both the Writ Appeals have been taken up together for hearing.

4. The case of the appellant is that the subject property originally was a Sub-Collector's bungalow at Erode. The auction notification dated 05.08.1905 came to be issued by the District Collector and the Collector's bungalow was sold in public auction held on 12.08.1905 in favour of one Rev.H.A.Popley of London Missionary. A sale certificate dated 19.01.1906 came to be issued by the Collector, Coimbatore. Rev.H.A.Popley, the successful bidder conveyed the said property in favour of London Missionary Society, Erode by executing a Sale Deed bearing Doc.No.3067/1907 dated 12.12.1907 reg