The Chairman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.6586 of 2024 The Chairman, K.V. Education Trust, Door No. 21-41B, Cheruppaloor Post, Kulasekharam 629 161, Kanyakumari District.

... Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Principal Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai 600 009.

2.The Commissioner of Land Reforms, Office of Commissioner of Land Reforms, Chepauk, Chennai 600 005.

3.The District Collector, Nagercoil 629 001, Kanyakumari District.

4.The District Revenue Officer, Kanyakumari District at Nagercoil, Kanyakumari District 629 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 1/4

2nd respondents to give permission to the petitioner's Trust for alienation of a portion of its properties viz., 4.00.14 Acres of Land situated in Survey No.134/2E2 at Pechiparai Village, Thiruvattar Taluk, Kanyakumari District by considering the petitioner's representation to them dated 16.03.2023 within a period as may be stipulated by this Court.

For Petitioner : Mr.K.Ragatheesh Kumar, For M/s.Isaac Chambers.

For Respondents : Mr.D.Gandhiraj, Spl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner obtained exemption to retain the petition mentioned lands under Section 37(b) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The petitioner now wants to sell a portion of the same. He requires permission from the first respondent. The petitioner has given an application in this regard. The petitioner wants the same to be considered. 3.I make it clear that I have not gone into the merits of the matter. The decision is left to the discretion of the first respondent. The only direction that is now given is that the first respondent should consider the petition mentioned 2/4

representation and pass final order on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

22.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Principal Secretary, Revenue and Disaster Management Department, Fort St. George, Chennai 600 009.

2.The Commissioner of Land Reforms, Office of Commissioner of Land Reforms, Chepauk, Chennai 600 005.

3.The District Collector, Nagercoil 629 001, Kanyakumari District.

4.The District Revenue Officer, Kanyakumari District at Nagercoil, Kanyakumari District 629 001.

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G.R.SWAMINATHAN, J.

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