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Madras High CourtWMP/2231/2025dismissed

Dr.G.Christopher Edison Sunder Singh v. Anne Christopher

2026-02-05Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

1. Dr.G.Christopher Edison Sunder Singh S/o.J.Edison Samuel Gnaniah, No.10, G.K.S. Avenue, Thondamuthur Road, Coimbatore 641046.

2. Kevin Immanuel Gnaniah S/o.Dr.G.Christopher Edison Sunder Singh, Temporarily residing at Door No. 731, Bolton Road NW, Atlanta Georgia, 30031-1709, U.S.A.

Permanent Address No.10, G.K.S.Avenue, Thondamuthur Road, Coimbatore 641046.

3. Dr.Michael Roberts Gnaniah S/o.Dr.G.Christopher Edison Sunder Singh, No.10, G.K.S.Avenue, Thondamuthur Road, Coimbatore 641046.

4. Manuel Moses Gnaniah S/o.Dr.G.Christopher Edison Sunder Singh, No.10, G.K.S.Avenue, Thondamuthur Road, Coimbatore 641046.

(Represented by their registered Power of Attorney, namely Dr.G.Christopher Edison Sunder Singh.) ..Petitioners Vs

1. Anne Christopher D/o.Dhanaraj, No.30, 2nd Street, Tatabad, Sivanandha Colony, Coimbatore District.

2. The District Collector Coimbatore, Coimbatore District.

3. The Special Tahsildar Adi Dravidar Welfare, Coimbatore.

4. The Tahsildar Perur Taluk, Coimbatore District.

..Respondents Prayer : WMP is filed to implead the petitioners as proposed respondents 4 to 7 in the above WP.No. 39188 of 2024.

For Petitioners:

Mr. Ramesh Venkatachalapathy For Respondents:

Mr.Muthucharan Sundaresh for R1 Mr.Abishek Murthy, Govt. Adv. for R2 to R4

ORDER

In a suit challenging a notification under Section 4(2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Act 31 of 1978), an impleading petition has been filed by four persons who assert a rival claim to the property proposed to be acquired. Learned counsel for the impleading petitioners invited my attention to the bank statement of the account of the first impleading petitioner in the Nedungadi bank to point out that there were large withdrawals from the first impleading petitioner's account and that these amounts were used for the purchase of two properties in the name of the writ petitioner. He also relies upon an affidavit filed by the writ petitioner in I.A.No.1832 of 2011 before the Family Court, Coimbatore and the exhibit marked in course of such proceedings in relation to a conversation between the writ petitioner and her son. On the basis of this evidence, he asserts that he is a person interested in the land as per Act 31 of 1978 and that, therefore, he is entitled to be impleaded in this writ petition.

2. The writ petitioner strongly opposes the impleading petition. By referring to the two sale deeds, it is submitted that the properties undoubtedly stand in the name of the writ petitioner. Learned counsel also referred to a Section 34 petition and the order passed therein setting aside an award obtained by the first impleading petitioner. Learned counsel points out that the award was

obtained by alleging that the writ petitioner had borrowed from the first impleading petitioner for purposes of purchasing the properties forming the subject of land acquisition proceedings. He submits that the impleading petitioners are neither necessary nor proper parties and that they should establish their rights in the pending civil suit.

3. The writ petition is directed at a notification under Section 4(2) of Act 31 of 1978. Learned counsel for the impleading petitioners submits that objections have also been issued by the impleading petitioners to the proposed acquisition. In those circumstances, it is open to the impleading petitioners to seek a declaration of title in the pending civil suit or to seek consideration of their objections to the above mentioned notification. Therefore, this impleading petition is dismissed by also holding that the dismissal of this impleading petition will not stand in the way of the official respondents considering the impleading petitioners' objections to the proposed acquisition.

4. List the writ petition on 12.03.2026.

05-02-2026 kj

SENTHILKUMAR RAMAMOORTHY, J.

KJ To 1.The District Collector Coimbatore, Coimbatore District.

2.The Special Tahsildar Adi Dravidar Welfare, Coimbatore.

3.The Tahsildar Perur Taluk, Coimbatore District.

05-02-2026