IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2010 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.No.8796 of 2004 1.S.A.Durai Sebastian 2.Jothi Auxilia Nirmala 3.John Bosco 4.Justin Diraviyaraj 5.Josphine Leo Rani 6.Gerald Innocent Babu ... Petitioners Vs 1.The Government of Tamil Nadu, Rep. By its Secretary for Revenue Department, Fort St.George, Chennai 600 009. 2.The Commissioner and Director of Land Reforms, Chennai 600 005. 3.Assistant Commissioner, Land Reforms, Khajamalai Nagar, Tiruchirapalli 20. 4.Assistant Commissioner, Land Reforms,(Near Tamarai Water Tank) Madurai. 5.The Manager (Administration) Sri Meenakshi Mills Ltd., Thiruperamkundram Road, Madurai. ...Respondents PRAYER:-Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified mandamus, to set aside the order of the first respondent made in Government Letter No.13133/N.S.2(2)99-13 dated 20.04.2000 and direct the respondents to delete the land of the applicants from G.O.Ms.No.1012 Rev.Dep dated 3.12.1993. For petitioners : Mr.I.Arokiasamy For Respondents : Mr.M.Dhandapani,Spl.G.P. For R1 to R4 R5 : Notice not served O R D E R
Heard Mr.I.Arokiasamy, learned counsel for the petitioners and Mr.M.Dhandapani, learned Special Government Pleader for the respondents 1 to 4.
2. The writ petition arises out of an unnumbered Special Revision Petition (SRP) filed before the Tamil Nadu Land Reforms Special Appellate Tribunal (for short SAT). In view of the abolition of the Tribunal, the matter stood transferred to this Court and was re-numbered as C.R.P.No.1940 of 2003. Subsequently, as it was felt that a CRP under Section 115 C.P.C. will not lie, by orders of this Court, the matter was directed to be converted into a writ petition. Accordingly, after payment of new Court fees, it was re-numbered as W.P.No.8796 of 2004 and notice was ordered. The 5th respondent is yet to be served.
3. The petitioners had filed the SRP under Section 26(5) of the Tamil Nadu Land Reforms Special Appellate Tribunal Rules, 1990. The order challenged before the Tribunal was the order of the State Government vide Government’s Letter No.13133/N.S.2(2)99-13 dated 20.04.2000, and seeking for a direction to the respondents to delete the land of the petitioners from G.O.Ms.No.1012 Revenue Department dated 03.12.1993. It was alleged that the 5th respondent had included that land by mistake.
4. The petitioners were purchasers of the property from M/s.Muthuramalingam and Ganesan who in turn had got the property sold by M/s.Meenakshi Mills Ltd., Thiruperamkundram Road, Madurai (R5). The said Mill was in possession of large extent of lands at the time when the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act (for short Act) came into force in the year 1961 and amended in 1971. By virtue of Section 37A of the Act, the Government granted permission to industrial or commercial undertakings to hold lands in excess of the ceiling fixed under the Act. For that purpose, an industrial or commercial undertaking must apply to the Government. The Government while considering the grant of exemption can take note of the industrial or commercial operations and whether the land was required for minimum use or use in future. It is also provided under Section 37A(5) of the Act that the Government may cancel the permission in respect of any land granted under this Section on the breach of any condition specified by the Government.
5. Therefore, in respect of the fifth respondent, the Government issued G.O.Ms.1012 Revenue Department dated 03.12.1993 granting permission under Section 37A of the Act to hold an extent of 256.38 acres. It was specifically mentioned therein that the land should be utilised only for the specified industrial purpose and that too within a period of three years as well as subject to other conditions. By contravening these conditions, when the lands were sold, the lands at Sevaloor (claimed by the petitioner) and offered in exchange the lands at Madurai, the Government issued the impugned order dated 04.08.1999. The Government found that such an offer cannot be accepted and hence added those lands as one belonging to R-5 as the sale was not authorised. While passing the impugned order, it added those lands under the purview of Section 37A of the Act. Thus the lands in Sevaloor Village in Punjai S.No.749/1 was covered by the impugned order. The Government rejected the deletion of those lands from the holding covered under Section 37A of the Act.
6. It is the case of the petitioners that they were purchasers of these lands from their vendor and since they purchased it from R-5., it cannot be the subject matter of the impugned order. However, this argument cannot be taken into account. The 5th respondent was granted permission to hold lands in excess of the ceiling prescribed under the Act by exercising power under Section 37A of the Act. Even when that power was exercised, it is circumscribed by the conditions found in the section itself. The Government has specifically indicated while granting permission these lands must be used only for industrial purpose and not for any other purpose. Further under Section 37A(5) of the Act, the Government can also cancel permission to any land in breach of the conditions when it was found the lands were sold and some exchange offer was made it is a clear violation of the terms of exemption.
7. Hence, it is well open to the Government to cancel the order. The petitioners do not derive any benefit either by the original Government Order or by the rejection order. If at all they have any right, they will have to proceed only against their vendors and no right had accrued to the petitioners as such action will be in contravention of the provisions of Section 37A of the Act.
8. The writ petition is misconceived. Accordingly, the writ petition stands dismissed. No costs.
02.07.2010
Index: Yes
Internet :Yes
svki
K.CHANDRU,J.
Svki
To
1.The Secretary for Revenue Department,
The Government of Tamil Nadu,
Fort St.George,
Chennai 600 009.
2.The Commissioner and Director of
Land Reforms,
Chennai 600 005.
3.Assistant Commissioner,
Land Reforms,
Khajamalai Nagar,
Tiruchirapalli 20.
4.Assistant Commissioner,
Land Reforms,(Near Tamarai Water Tank)
Madurai.
order in
W.P.No.8796 of 2004
02.07.2010