R A GOPALKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioners in these Writ Petitions have come up with a challenge to the orders passed by the Record of Tenancy Tahsildar, who is the Second Respondent in these Writ Petitions. Heard Mr. S. Parthasarathy, learned Senior Counsel for the Petitioners in all these Writ Petitions, Mr. M.C. Swamy, learned Special Government Pleader appearing for the official Respondents, Mr. R. Muthukumaraswamy, learned Senior Counsel appearing for the Third Respondent-Trust and Mr. R. Thiagarajan, learned Senior Counsel appearing for the Fourth Respondent.

(2.) The Third Respondent-Trust is a Public Charitable Trust. They were the owners of lands in an extent of about 41.73 acres in various survey numbers in Vellalur village, Coimbatore South Taluk, Coimbatore District. Those lands have been let out to Tenants and the names of those Tenants had already been recorded under the Tamil Nadu Agricultural Lands (Record of Tenancy Rights) Act, 1969. But, it appears that all persons whose names were entered in the record as Tenants passed away. The legal heirs did not take any steps to seek modification of the records, so as to include their names as Cultivating Tenants.

(3.) In the year 2012, the Third Respondent-Trust filed an Application before the Principal Subordinate Court, Coimbatore in a scheme Suit seeking permission to sell the properties. The Principal Subordinate Court granted permission to the Third Respondent-Trust by an order dated 1.3.2012 in I.A. No. 180 of 2012 in O.S. No. 1146 of 2001. In pursuance of the said order, the Third Respondent-Trust sold the lands to the Fourth Respondent in these Writ Petitions under a Sale Deed dated 14.3.2012.