ANNATHANA CHATHIRAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are Annathana Chathiram and Sachidhanathan Swamy Madam in Vairechetty Palayam Post, Thuraiyur Taluk, Trichy District. They were held to be a Public Trust of Religious nature vide order dated 06.11.1987 in C.R.P.No.4728 of 1983 by the Madras High Court. The Hon'ble Court referred to the framing of scheme for these two institutions in Civil Appeal Nos.2456 and 2457 of 1968 by the Hon'ble Supreme Court on 27.04.1978. Pursuant to the order of remand made in C.R.P.No.4728 of 1983, the Authorised Officer passed impugned orders dated 16.03.1999 and 15.03.1999 for Annathana Chathiram and Sachidhanathan Swamy Madam. The Authorised Officer held that the Annathana Chathiram is entitled to retain 5 standard acres and 45 acres of Annathana Chathiram were declared to be surplus. Likewise, in the case of Sachidhanathan Swamy Madam 5 after allowing the retention of 5 standards acres, 23 acres were held to be surplus at the hands of Sachidhanathan Swamy Madam. These orders are under challenge in these writ petitions.

(2.) The learned counsel appearing for the writ petitioner submitted that as per Section 2 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act , 1961 (Tamil Nadu Act , 58 of 1961), subject to the provisions of Sub- Section 2 , 3 and 6 , the provisions of the Act will not apply to the land held by any Religious Institutions or by any Trust of a public nature, which was in existence on the date of commencement of the Act. The lands in question were acquired by the petitioners herein long before the commencement of the Act. There was no acquisition post commencement of the Act. Therefore, there can be no doubt whatsoever that the provisions of Tamil Nadu Act 58 of 1961 could not have been made applicable.

(3.) The learned counsel appearing for the private respondents pointed out that the order in C.R.P.No.4728 of 1983 proceeds on a 6 misreading of the order dated 27.04.1978 passed by the Apex court in Civil Appeal Nos.2456 and 2457 of 1968.