High Court · 2025

W.P.No.18043 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.06.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.18043 of 2025Association for Sarva Seva Farms,Society Registered under theTamil Nadu Societies Registration Actrepresented by its Board Member,Mr.S.Muneeswaran,279, Avvai Shanmugam Salai,Royapettah, Chennai – 600 014.... PetitionerVs.1.The Collector, Thiruvallur District, Thiruvallur.2.The District Revenue Officer, Thiruvallur District, Thiruvallur.3.The Thasildhar, Maduravoyal Taluk, Thiruvallur District.4.The Joint Director of Land Reforms, Chepauk, Chennai.5.The Tamil Nadu Bhoodan Yagna Board rep. By its Member Secretary/ Commissioner of Land Reforms, 2nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.... RespondentsPage Nos.1/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 2025(R5 impleaded suo motu vide orderdated 04.06.2025 made inW.P.No.18043 of 2025)Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents herein to consider the representation of the writ petitioner dated 03.10.2024 and remove the encroachers within the time frame fixed by this Court.For Petitioner : Ms.P.Harsha Vardhinifor Mr.S.JanarthanamFor Respondents:Mr.T.K.Saravanan,Additional Government PleaderORDER[Order of the Court was made by M.SUNDAR, J.,]Captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity] is predicated on a 'representation dated 03.10.2024 sent by the writ petitioner to R1 to R4' (hereinafter 'said representation' for the sake of brevity, convenience and clarity).2. Ms.P.Harsha Vardhini, learned counsel representing the counsel on record for writ petitioner, adverting to said representation, submitted that the crux and gravamen of said representation is lands Page Nos.2/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 2025assigned wayback in 1974 and that assignment is part of Tamil Nadu Boodhana Iyakkam. Learned counsel further submitted that there is encroachment qua lands which are subject matter of said representation, removal of the same and restoration of the same to the assignees is primary plea. Inaction on the part of the respondents has necessitated the captioned WP is learned counsel's further say.3. Issue notice.4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for R1 to R4 and submits that lands which are subject matter of said representation (which shall hereinafter be referred to as 'said lands') are governed by the 'Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act XV of 1958)' (hereinafter 'said Act' for the sake of brevity, convenience and clarity).5. A careful perusal of said Act brings to light that the term 'State Board' has been defined vide Section 2(i) which reads as follows:2.Definitions – In this Act, unless the context otherwise requires -Page Nos.3/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 2025(a) ......(b) ......(c) ......(d) ......(e) ......(i) ......(ii) ......(ee) .......(f) .......(g) ......(h) ......(i) 'State Board' means the Tamil Nadu State Bhoodan Yagna Board established under Section 3.6. Thereafter, Section 3 is of significance and the same reads as follows:3.Establishment and incorporation of State Board- The duty of carrying out the provisions of this Act, shall, subject to the restrictions, conditions and limitations therein contained be vested in a Board to be called 'The Tamil Nadu State Bhoodan Yagna Board'.From hereon and henceforth we shall refer to the 'State Board' as 'said Board' for convenience.7. Learned State counsel submits that in and vide G.O.Ms.No.493 Revenue (Ni.Ci.1(1)) Department dated 23.12.2009 a Page Nos.4/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 202515 Member Board has been constituted. We find that the Commissioner of Land Reforms, Chepauk, Chennai- 600 005 is Member Secretary and we also notice from sub-section (2) of Section 3 of said Act that said Board is a body corporate. Therefore, we suo motu implead The Tamil Nadu Bhoodan Yagna Board represented by its Member Secretary i.e., Commissioner of Land Reforms, 2nd Floor, Ezhilagam, Chepauk, Chennai – 600 005 as R5. Learned State counsel Mr.T.K.Saravanan (Additional Government Pleader) accepts notice for R5 too.8. As would be evident from Section 3 of said Act, duty of carrying out provisions of said Act vests in said Board. We also notice that the objective of said Act is facilitation of donation of lands for Boodhan Yagna initiated by Shri.Acharya Vinobha Bhave and the transfer and settlement of such lands for the benefit of landless poor persons or for community purposes and to provide in Gramdan villages for the vesting of lands.9. This Court also notices that Section 28 of said Act vests in the Government rule making power, to be noted Government has been defined vide Section 2(c), which reads as follows:Page Nos.5/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 2025'2.Definitions – In this Act, unless the context otherwise requires -(a) ......(b) ......(c) 'Government' means the State Government'10. We are informed that the State Government has made a set of rules but it may not be necessary to delve into the same in the light of the order which we propose to make.11. In the light of the obtaining position i.e., obtaining statutory eco system alluded to supra, we deem it appropriate to direct R5 to consider said representation on its own merits, in accordance with law, make orders and also carry the same to its logical end as expeditiously as the business of R5 would permit but in any event within twelve weeks from today i.e., on or before 27.08.2025. The said representation has been placed before us as part of the typed set of papers. It is undated but learned counsel for writ petitioner submits that said representation is dated 03.10.2018. Therefore, we deem it appropriate to scan and reproduce the said representation as placed before us, which is as follows:Page Nos.6/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 2025Page Nos.7/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 2025Page Nos.8/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 202512. For the sake of specificity, we make it clear that R5 is now directed to consider and dispose of the aforementioned representation (scanned and reproduced supra) on its own merits and in accordance with law more particularly said Act and Rules thereunder and executive fiats issued (if any) pertaining to said Act.13. In the aforesaid drill to be embarked upon by R5, we make it clear that any person whose rights are likely to be touched upon shall be put on notice before orders are made. After orders are made, the writ petitioner and any other person who is put on notice shall be served with a copy of the same and the same shall be done within five working days from the date of the order.Page Nos.9/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 202514. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.(M.S.,J.)(H.C.,J.) 04.06.2025Index : Yes / NoNeutral Citation : YesmmiTo1.The Collector, Thiruvallur District, Thiruvallur.2.The District Revenue Officer, Thiruvallur District, Thiruvallur.3.The Thasildhar, Maduravoyal Taluk, Thiruvallur District.4.The Joint Director of Land Reforms, Chepauk, Chennai.5.The Tamil Nadu Bhoodan Yagna Board rep. By its Member Secretary/ Commissioner of Land Reforms, 2nd Floor, Ezhilagam, Chepauk, Chennai – 600 005.Page Nos.10/11 https://www.mhc.tn.gov.in/judis W.P.No.18043 of 2025M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmiW.P.No.18043 of 202504.06.2025Page Nos.11/11