IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.09.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.29117 of 2018 and WMP.Nos.34049, 34051 of 2018, 5839 of 2019 K.Bannari(died)

2.Barathi (second petitioner substituted as legal heir of deceased sole petitioner vide order dated 05.04.2022 made in WMP.No.7738 of 2022 in WP.No.29117 of 2018) ... Petitioner Vs.

1.The Tamil Nadu Bhoomidan Board, Member Secretary cum Director Lands Reforms, Ezhilaham, Chennai 600 006

2.The District Revenue officer, Coimbatore, Coimbatore District

3.The Tashildar, Taluk office, Sulur Taluk, Coimbatore District

4.M/S.CODISSIA INDUSTRIAL PARK LIMITED, REP. BY ITS MANAGING DIRECTOR, S.SOUNDARARAJAN, HAVING REGISTERED OFFICE AT CODISSIA G.D.NAIDU TOWERS, HOZUR ROAD, COIMBATORE-

641 018.

5.STATE OF TAMILNADU, REP BY SECRETARY TO GOVERNMENT, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, LAND REFORMS WING, LR.1(1) SECTION, CHENNAI (R4-IMPLEADED AS PER ORDER DATED 05.08.2024 IN WMP.No.25293/2023 IN WP.No.29117/2018)

(R-5 IMPLEADED VIDE ORDER DT.19.08.2024 MADE IN WMP.No.25877/2024 IN WP.No.29117/2018) ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the 1st Respondent in Na.Ka.No.7888/17/K1 dated 10.07.2018 and the consequential order passed by the 5th respondent in G.O.(Ms.).No.341 (Revenue and Disaster Management Department, Land Reforms Wing, LR.1(1) Section) dated 19.09.2018 and quash the same consequently forbear the respondents from in any manner interfering with the peaceful possession and enjoyment of the lands to an extent of 2.65 acres in survey No.32/1, Moppiripalayam village, sulur Taluk, coimbatore District (PRAYER AMENDED VIDE ORDER DT.19.08.2024 MADE IN WMP.No.25878/2024 IN WP.No.29117/2018)

For Petitioners : M/s.S.Consciousllango For Respondents For R1 to 3 : Mr.T.Arun Kumar, Additional Government Pleader For R4 : Mr.R.Bharath Kumar

O R D E R

This writ petition has been filed challenging the proceedings passed in Na.Ka.No.7888/17/K1 dated 10.07.2018 by the first respondent herein, thereby cancelling the assignment of lands granted to the first petitioner’s father.

2. According to the first petitioner, the first respondent Board had executed a land assignment deed dated 12.02.1964 assigning lands to his father to an extent of 2.65 acres in survey No.32/1, Moppiripalayam village, Sulur Taluk, Coimbatore District. The revenue department also issued patta for the said lands and the first petitioner’s family is in continuous possession and enjoyment of the same. On 15.05.2013, the first petitioner’s father died and thereafter, the first petitioner continued to cultivate the said lands. However, the impugned order has been passed by the first respondent, thereby cancelling the assignment of lands granted to the first petitioner’s father for the reason there was no cultivation for more than three years.

3. The learned counsel for the petitioner would submit that as per Section 19(1) of the Tamil Nadu Bhoodhan Yagna Act, 1958 (herein after called as ‘the Act’), the State Board may, in the manner prescribed and as far as possible taking into consideration the wishes of the donor, grant any land which has vested in it to a landless poor person who is able and willing to cultivate the land or to the Government or a local authority for community purposes or Sarvodaya Panchayat and the grantee of the land shall acquire therein such rights and liabilities and subject to certain conditions. Now, the subject land is allotted in favour of the fourth respondent for commercial purpose. It is against the provision of 19(1) of the Act.

4. On perusal of records, it is found that though the Board had distributed the lands in favour of the first petitioner’s deceased father, thereafter he died. Notice was issued in the name of the dead person to cancel the distribution ship. In order to allot the subject lands in favo