Krishna Devanandan, v. Auroville Foundation,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and C.M.P. No.23523 of 2025 Krishna Devanandan, Anusuya Forest, Auroville, Tamil Nadu-605 101.

... Appellant(s) Vs.

1.Auroville Foundation, Represented by its Secretary Dr.Jayanthi S.Ravi, Auroville Foundation Bhavan, Auroville, Tamil Nadu-605 101.

2.The District Registrar, The District Registrar Office, 2/7, Pattanam, Sandhaimedu, Tindivanam, Tamil Nadu-604 001.

... Respondent(s) Prayer: Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the impugned order dated 04.03.2025 passed in W.P.No.8639 of 2024.

For Appellant(s) : Mr.R.Rajagopalan For Respondent 1 : Mr.ARL.Sundaresan Additional Solicitor General

assisted by Mr.Vaibhav R.Venkatesh For Respondent 2 : Mr.U.Baranidharan Special Government Pleader

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) A writ would lie if any person approaching the High Court under Article 226 of the Constitution of India is able to establish infringement of right or violation of any of the provisions of law. In the absence of establishing any right or a cause for institution of writ, no writ would be entertained. Plain reading of relief sought for in the writ petition would show that there is no cause, aroused for institution of writ petition. The allegations are raised based on presumptions and assumptions. Even as per the appellant no transaction took place.

2. The relief sought for in the writ petition reads as under: "i) A writ of Mandamus forbearing the 1st respondent from proceeding with any transaction of land transfer, including land exchanges, without following the procedure laid down in the Auroville Foundation Rules 1997 and the

General Financial Rule 2017 (W.P.No.8639 of 2024); and ii) A writ of Mandamus directing the 2nd respondent to cancel the relevant entry of registrations of all land exchanges entered into by the 1st respondent from 2021 till date from the concerned book in registration, which have been undertaken without following the process laid down in Rules 4(1)(d) and 4(1)(i) of the Auroville Foundation Rules, 1997 and Rules 309 of the General Financial Rules, 2017 (W.P.No.8652 of 2024)"

3. If at all the respondents have violated any of the provisions of Act or Rules, then alone writ petitioner would have a right to approach the High Court but not otherwise. Even then, the writ court has elaborately considered the grounds raised by the writ petitioner and dismissed the petition stating that there is no ground to interfere with functioning of Governing Body of the 1st respondent with respect to exchange of land belonging to the foundation.

4. Learned counsel for appellant would submit that certain transactions have not come out. Therefore the respondents may be

directed to produce files. The appellant by filing a writ petition may not attempt to secure a cause by calling for files from the respondents. Such an approach is unacceptable. Therefore, the writ petitioner is at liberty to approach the Court if any transaction or orders are passed in contravention to any of the provisions of the Act or Rules.

5. With these observations, the writ order impugned stands affirmed and the Writ Appeal stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. [S.M.S., J.] [M.S.Q., J.] 28.10.2025 Index: Yes/No Speaking/Non-speaking order mka

To:

1.The Secretary, Auroville Foundation, Auroville Foundation Bhavan, Auroville, Tamil Nadu-605 101.

2.The District Registrar, The District Registrar Office, 2/7, Pattanam, Sandhaimedu, Tindivanam, Tamil Nadu-604 001.

S.M.SUBRAMANIAM, J.

AND MOHAMMED SHAFFIQ, J.

mka 28.10.2025