MEENAKSHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the Learned Senior Counsel for the Petitioners and the Learned Counsel for the Respondents.

(2.) The brief facts leading to filing of these three Writ Petitions is that on 23.09.1972, the respondents 1 to 4 executed Deed of Grant for land measuring 2.25 acres each in Survey No.321/1, K.S.Thottam, Selvi Nagar, Nochipalayam Pirivu, Tiruppur, Veerapandi, Tamil Nadu - 641 605 in favour of late Mr.Subramanian husband of Meenakshi (Petitioner in W.P.No.6507 of 2019). Mr.Palanisamy husband of Deivathal (Petitioner in W.P.No.6511 of 2019) respectively. On the same day in the same Survey number, 2.50 acres of land was Grant to Parvathiammal (Petitioner in W.P.No.6512 of 2019). These land were initially donated to Tamil Nadu Bhoodan Board by one K.N.Ramasamy Gounder. The Tashildar, Thiruppur, vide Na.Ka.No.638/96, dated 23.08.1996, issued Patta No.720 and Adangal, in favour of President, Bhoodan Board, Madurai, for the entire 7 acres of land. The Village Administrative Officer, Tiruppur, has issued certificate of ownership in favour of the grantees on 02.06.1998. Similar certificate was issued by the Bhoodan Inspector, Coimbatore on 08.01.2015. While so, in the Writ Petition filed by Mrs.Nachammal/5th respondent herein, the Hon'ble High Court vide order dated 29.01.2015 in W.P.No.13292 of 2013 quashed the proceeding of the Commissioner of land Reforms, dated 21.06.2012 which rejected the petition of Nachammal W/o.V.P.Krishnaswamy claiming return of 6 acres of land in S.No.321/1, earlier gifted to the Bhoodan Movement. Based on the order passed by the Hon'ble High Court, the 5th respondent has made a request to transfer the land to an extend of 6 acres in S.No.321/1 in her name. To the request of the 5th respondent, dated 26.10.2016, the District Revenue Officer, has directed the Tashildar, Tiruppur to enquire and report. Having come to know about that, the Writ Petitioners have issued objections to the 4th respondent/Tashildar, to stop all further proceedings, regarding issuance of Patta in favour of the 5th respondent/Nachammal, in view of their continuous enjoyment of the property, pursuant to the grant given to them by boothan movement. Hence, the present Writ Petitions filed seeking mandamus forbearing the respondents 2 to 4 from initiated any action including passing of order dispossessing the petitioners from the schedule property and direct the 5th respondent to approach competent Civil Court having jurisdiction to substantiate her right if any.

(3.) According to the affidavits filed by the petitioners, Late. Ramasamy Gounder has voluntarily donated 7 acres of land in S.No.321/1 to the Bhoodan movement. The gift has become final. The land donated by him has been granted to Mr.Subramaniam, M.Palanisamy, Mrs.Parvathiammal. Meenakshi is W/o.Subramanian and Deivathal is W/o Mr.Palanisamy. After the Deed of Grant in the year 1972, the property was in possession of the petitioners. While so, the 5th respondent/Nachammal, claiming herself as Legal heirs of the donor by suppressing the fact of grant in favour of the petitioners and their predecessor-in-possession filed in W.P.No.13292 of 2013 without impleading the grantees and has obtained order behind the back. The said order is now under challenged in W.A.SR.No.54452 of 2016. While so, the said Nachammal through her son Senthil Kumar as her power agent had given a representation, dated 26.10.2016 and also filed W.P.No.977 of 2016 to issue patta in her name.