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Madras High CourtWP/5642/2016disposed of

G.Jayalakshmi v. The State Of Tamil Nadu

2023-03-21Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM G.Jayalakshmi

...Petitioner in WP.5642/2016

Sriramulu

...Petitioner in WP.5643/2016

1.K.Machusuthanan 2.Jeevammal 3.K.Dayalan 4.G.Revathy 5.M.Lakshmi Devi 6.R.Buji

...Petitioners in WP.30589/2015

(P2 to P6 impleaded vide order dated 21.03.2023 in WMP.29091/2022 in WP.30589/2015) -Vs1. The State of Tamil Nadu, Rep. by its Secretary to Government, Commercial Tax Department, St.George Fort, Chennai 9.

2. Kalaimaghal Sabha, Rep. by its President, No.67, New Pallipalayam Road, Komarapalayam, Salem District-638 183.

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3. The Joint Receivers, Old No.17, New No.48, North Usman Road, T.Nagar, Chennai-17.

...Respondents in all the WPs.

Prayer in WP.5642/2016:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the entire records pertaining to the letter of rejection issued by the 3rd respondent dated 27.11.2014 and quash the same consequently direct the respondents to re-convey the Title of the petitioner's land to an extent of 63 cents in S.Nos.441/1, 441/1, 437/5B, 437/3, 441/2 and 2 Acres 33 cents in 426/1A, 432/1, 435/1, 435/2, 437/6, 458/4 and 1 Acre 62 cents in 442/3, 443/2, 437/2, 444/A2 and 1 Acre 9 cents in 440/1, 440/2, 445/B2, at Thanigaponur Village, Vellore District receiving the sale consideration as per the current guide line value. Prayer in WP.

5643/2016:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to re-convey the Title of the petitioner's land to an extent of 2 Acre 53 cents in S.Nos.434, 436/2, 436/3, 442/2, 433/A1 and 1 Acre 38 cents in S.Nos.443/3, 444/A5, 437/5A, 441/1 at Thanigai Porur Village, Vellore District by receiving the sale consideration as per the current guide line value based on his recent representation dated 11.9.2014. Prayer in WP.

issued by the 3rd Respondent dated 27.11.2014 and quash the same consequently, direct the Respondents to re-convey the Title of the Petitioner's land to an extent of 2 Acre 34 cents in S.Nos.452, 472/3 and 450/A2A and 2 Acre 31 cents in S.Nos.451, 472/2, and 450/A1 at, Thanigaponur Village, Vellore District by receiving the Sale consideration as per the current guide line value.

For Petitioners(P1) in all WPs.

: Mr.K.Thilageswaran For P2 to P6 in WP.30589/2015 : Mr.A.Dinesh Kumar For Respondents in all WPs.:

(for R1) : Mr.T.Arun Kumar, AGP (for R2 & R3) : No Appearance COMMON ORDER The writs on hand have been instituted questioning the validity of the letter of rejection issued by the 3rd respondent in proceeding dated 27.11.2014 and to direct the respondents to re-convey the title of the petitioners' land by receiving the Sale consideration as per the current guide line value.

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2.The writ petitioners have invested their money with the Kalaimaghal Sabha, which is a registered society, for the purchase of immovable properties. Several disputes arose regarding the purchase and dealing of the immovable properties by the said Kalaimaghal Sabha and the issues were elaborately adjudicated by this Court. An Additional Inspector General of Registration was appointed to conduct the affairs of the Kalaimaghal Sabha. The said official is now administering the Kalaimaghal Sabha and initiating all steps to sell the properties and distribute the amount received from the same to the members who have invested their money for the purchase of immovable properties through Kalaimaghal Sabha.

3.Since a Government Official of the Registration Department has already been appointed and is now in-charge of the administration of the Kalaimaghal Sabha, the petitioners are at liberty to approach the official concerned for the purpose of redressal of their grievances in the manner known to law. In the event of any such application by the petitioners, the Additional Inspector General of Registration, who is incharge of the Kalaimaghal Sabha, shall consider the same along with all other investments.

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4.Accordingly, the writ petitions stand disposed of. No costs. (sha) 21.03.2023 Index : Yes (2/2) Speaking Order To

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Commercial Tax Department, St.George Fort, Chennai 9.

2. Kalaimaghal Sabha, Rep. by its President, No.67, New Pallipalayam Road, Komarapalayam, Salem District-638 183.

3. The Joint Receivers, Old No.17, New No.48, North Usman Road, T.Nagar, Chennai-17.

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S.M.SUBRAMANIAM . J., (sha) 21.03.2023 (2/2) 6/6