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2022 DAILYLAW 5160 (MAD)

A.K.Uthayakumar v. The District Judge, Administrator General and Offiicial Trustee of Tamil Nadu

A/1662/2022 · 2026-07-17

S M Subramaniam

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A No. 1662 of 2022 __________Page 1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM A.Nos. 1662 to 1666 of 2022 and A.Nos.457 to 461 of 2022 A.No.1662 of 2022 A.K.Uthayakumar, S/o.V.A.Kannappan, No.2, West Ramiya Colony, 1st Street, Tiruppur 2. ..Applicant(s) Vs 1. The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104. 2. The Revenue Divisional Officer, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. 3. The TahsildarGobichettipalayam Taluk, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. ..Respondent(s) A.No.1663 of 2022 M.Vetrivel, S/o Mariappan No.204, Katcheri Road, Gobichettipalayam, Erode District. ..Applicant(s) Vs https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 2 of 10 1.The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104. 2.The Revenue Divisional Officer, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. 3. The Tahsildar,Gobichettipalayam Taluk, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. ..Respondent(s) A.No.1664 of 2022 G.K.Selvaraj, S.o Kulandaisamy, No.70, Nehru Street, Soorampatti, Erode District. ..Applicant(s) Vs 1.The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104. 2.The Revenue Divisional Officer, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. 3. The Tahsildar, Gobichettipalayam Taluk, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. ..Respondent(s) A.No.1665 of 2022 Valliammal, W/o R.Ganesan, Kasiyur Colony, Alukuzhi Village, Gobichettipalayam Taluk, Erode District. https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 3 of 10 ..Applicant(s) Vs 1.The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104. 2.The Revenue Divisional Officer, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. 3. The Tahsildar, Gobichettipalayam Taluk, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. ..Respondent(s) A.No.1666 of 2022 T.Ebinesar, S/o Late Thangamuthu, No.418, Housing Board, B-Type, Muthampalayam, Kasipalayam, Erode District. ..Applicant(s) Vs 1.The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104. 2.The Revenue Divisional Officer, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. 3. The Tahsildar, Gobichettipalayam Taluk, Erode-Sathy Main Road, Gobichettipalayam, Erode District 638 452. ..Respondent(s) https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 4 of 10 A.No.457 of 2022 A.K.Uthayakumar, S/o.V.A.Kannappan, No.2, West Ramiya Colony, 1st Street, Tiruppur 2. ..Applicant(s) Vs The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104 ..Respondent(s) A.No.458 of 2022 M.Vetrivel, S/o Mariappan No.204, Katcheri Road, Gobichettipalayam, Erode District. ..Applicant(s) Vs The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104 ..Respondent(s) A.No.459 of 2022 G.K.Selvaraj, S.o Kulandaisamy, No.70, Nehru Street, Soorampatti, Erode District. ..Applicant Vs The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104 ..Respondent(s) https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 5 of 10 A.No.460 of 2022 Valliammal, W/o R.Ganesan, Kasiyur Colony, Alukuzhi Village, Gobichettipalayam Taluk, Erode District. ..Applicant Vs The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104 ..Respondent(s) A.No.461 of 2022 T.Ebinesar, S/o Late Thangamuthu, No.418, Housing Board, B-Type, Muthampalayam, Kasipalayam, Erode District. ..Applicant Vs The District Judge, Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104 ..Respondent(s) A Nos. 1662 to 1666 of 2022 To implead the Revenue Divisional Officer, Gobichettipalayam and the Tahsildar, the proposed respondents 2 and 3 herein as respondents 2 and 3 respectively in A.Nos.457 to 461 of 2022 respectively. A.Nos.457 of 2022 To direct the learned District Judge, Administrator General and Official Trustee of Tamil Nadu, the respondent herein to issue NOC for registration of https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 6 of 10 documents in respect of lands in T.S.No.9/6B to an extent of 0.1450.0 square meter and T.S.No.9/11B to an extent of 0.0175.0 square meter, Ward A, Block 10 Veerapandi Village, Gobichettipalayam Taluk. A.Nos.458 of 2022 To direct the learned District Judge, administrator General and Official Trustee of Tamil Nadu, the respondent herein to issue NOC for registration of documents in respect of lands in T.S.No.9/6F to an extent of 0.1750.0 square meter and T.S.No.9/11E to an extent of 0.01620.0 square meter, Ward A, Block 10, Veerapandi Village, Gobichettipalayam Taluk. A.Nos.459 of 2022 To direct the learned District Judge, administrator General and Official Trustee of Tamil Nadu, the respondent herein to issue NOC for registration of documents in respect of lands in T.S.No.9/6A to an extent of 0.1440.0 square meter and T.S.No.9/11A to an extent of 0.0215.0 square meter, Ward A, Block 10, Veerapandi Village, Gobichettipalayam Taluk. A.Nos.460 of 2022 To direct the learned District Judge, administrator General and Official’ Trustee of Tamil Nadu, the respondent herein to issue NOC for registration of documents in respect of lands in T.S.No.9/6E to an extent of 0.1460.0 square meter and T.S.No.9/11D to an extent of 0.0163.0 square meter, Ward A, Block 10, Veerapandi Village, Gobichettipalayam Taluk. A.Nos.461 of 2022 To direct the learned District Judge, administrator General and Official Trustee of Tamil Nadu, the respondent herein to issue NOC for registration of documents in respect of lands in T.S.No.9/6D to an extent of 0.1450.0 square meter and T.S.No.9/11C to an extent of 0.0165.0 square meter, Ward A, Block 10, Veerapandi Village, Gobichettipalayam Taluk. https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 7 of 10 A No. 1662 to 1662 of 2022 and A.Nos.457 to 461 of 2022 For Applicant(s): M/s.A.V.Arun For Respondent(s): Mrs.G.Vijaya, AG&OT for r1 COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) The present applications are filed to implead the Revenue Divisional Officer, Gobichettychettipalayam and to issue No Objection Certificate for registration of documents in respect of the subject lands. 2. The Administrator General of Tamil Nadu is administering the Trust Estate of Palaniappa Chettiar and Rangammal, Gobichettipalayam in pursuance to the scheme decree passed by the Sub-Court, Gobichettipalayam, in Application No.413/2017 in O.S.No.76/1981 dated 28.04.2018. The Trust owns properties at Gobichettiplayam Town and its surroundings. The applicants claimed NOC from the AG&OT to alienate the subject property which is the subject matter of the scheme decree in O.S.No.76/1981. 3. Learned AG&OT would submit that the subject lands, for which, No Objection Certificate is sought for by the applicants, are comprised in the survey numbers belongs to the Trust Estate of Palaniappa Chettiar and Rangammal Charities, and the properties are situate in Veerapandi . Village Gobichettipalayam, Erode District. Originally, Palaniappa Chettiar and Rangammal had possessed vast extent of lands in Gobichettipalayam in Malayaipudur Village, Lakkampatti Village, Siruvallur Village, Veerapandi, https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 8 of 10 Nambiyur Village and Kolappalur Village. Under the Tamilnadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, G.O.Ms.No.232 dated 18.02.1984 was passed by the Government for acquisition of the trust lands. Thereafter, G.O.Ms.No.19, dated 25.02.1984 was passed, wherein the lands belonging to the trust were declared surplus. 7.30 acres of land belonging to the trust were assigned in 1984 under the Tamil Nadu Land Reforms Disposal of Surplus Land Rules, 1965. The assignment made in 1984 was cancelled and the High Court in W.P.No.25844 of 2001, vide order dated 12.05.2010, ordered for fresh assignment. An extent of 5.74 Acres, out of 7.30 Acres were assigned to 12 persons through order of the Assistant Commissioner (Land Reforms) Erode vide order dated 04.04.2012. After several rounds of litigation from 1981, the scheme decree in respect of PCRC Trust estate was ordered on 28.04.2018 and thereafter, W.P.No.16776 of 2022 was filed by AG & OT before the High Court of Madras seeking to quash G.O.Ms.No.232 dated 18.02.1984 (Acquisition of surplus land). The High Court, vide order dated 22.12.2023, allowed the writ petition and exempted 7.30 acres of land alone, since it was allottee to the beneficiaries. Aggrieved by the order passed in W.P.No.16776 of 2022, the Government preferred an appeal in W.A.No.1732/2024. In the said appeal, interim order of status quo till the disposal of the appeal, was passed on 20.06.2024. Ex.D1 is the copy of the order passed in the writ petition and Ex.D2 is the copy of the order passed in the writ appeal. . https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 9 of 10 4. In view of the above factual position and considering the fact that the validity of acquisition made by the Government is under challenge and as the writ appeal is pending, the parties have to work out their remedy in the manner known to law. Learned AG&OT also have to look into the entire facts and circumstances of the case and work out their remedy, if necessary by approaching the competent Court. If no compensation has been paid for the lands acquired, they may examine whether remedy under Section 24(2) of the new Land Acquisition Act can be sought for. All modalities have to be work out by the learned AG&OT to resolve these issues in the interest of the parties who are in possession and also to protect the Trust properties in the manner contemplated. 5. With these observations, all the Applications are dismissed. 17-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI https://www.mhc.tn.gov.in/judis A No. 1662 of 2022 __________Page 10 of 10 S.M.SUBRAMANIAM J. vsi A.Nos. 1662 to 1666 of 2022 and A.Nos.457 to 461 of 2022 17-07-2026 https://www.mhc.tn.gov.in/judis