Writ petition challenging an order under the Tamil Nadu Land Reforms Act. Court remanded the matter to the Assistant Commissioner for fresh consideration as the authorities failed to consider that the land was unfit for cultivation.
Impugned order of 1st respondent set aside and matter remanded to 2nd respondent for fresh consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2019
CORAM
THE HONOURABLE Mr.JUSTICE M.DHANDAPANI
W.P. 48824 of 2006 and M.P. 2 of 2006
Muthoot Alternate Energy
Resources (P) Ltd.,
rep. by its Authorised Representative,
G.Jeyachandran
Muthoot Buildings,
Ponneri Road,
Trivandrum, Kerala State. ... Petitioner
Vs
1. The Appellate Authority cum
District Revenue Officer,
(Land Tribunal),
Chennai-5.
2. The Assistant Commissioner,
(Land Reforms),
Tirunelveli. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Certiorari, to
call for the records on the file of 1 st respondent in proceedings
No.LTCMA.7/2000, dated 10.11.2006 in confirming the order of the
2 nd respondent in his proceedings Roc. A3/177/96, dated
11.02.2005 and quash the same as illegal, incompetent.
For Petitioner : Mr.V.Lakshminarayanan
This Writ Petition has been filed challenging the impugned order of the 1st respondent dated 10.11.2006 confirming the order of 2nd respondent dated 11.02.2005 and quash the same as illegal and incompetent.
extent of 68.66 acres in various places like Perungudi, Thanakarkulam, Azhaganeri, Sadayaneri and Arulvaimozhi. The lands in that area is rocky and unfit for any agricultural purpose. The lands were purchased by a Director of the petitioner viz., Mr.Thomas Muthoot with an intention to erect wind energy generators, because the area being windprone through out the year and the said places were identified by the Government of Tamil Nadu for the purpose of active generation of wind harvesting. The petitioner further averred that the surface soil and the sub-soil is formed by the process of corrosion of huge rocks, which present in the surface from time immemorial. Hence, it contain minerals, which are not fertile and not suitable for any kind of agricultural activities and the power generated by the petitioner is sold to the Tamil Nadu Electricity Board after entering into the power purchase agreement with the latter. Further, the State and Central Government authorities have categorically held that the disputed land is not fit for agricultural activities. Accordingly, the petitioner has entered into the agreement with the Tamil Nadu Electricity Board for erecting windmill in the particular locality. While being so, the 2nd respondent land reforms authority has initiated proceedings under the Tamil Nadu Land Reforms (Fixation of Ceiling on land) Act, 1961 (hereinafter called as 'Act') amended in the year 1972 and thereafter, the authorities conducted enquiry and it has concluded that the property is purchased in the name of individual, and not transferred in the name of the petitioner company. The said order was approved by the 1st respondent vide its order dated 10.11.2006. Against which, the present Writ Petition has been filed by the petitioner.
Sd/-
Assistant Registrar(CS-VIII)
//True copy//
Sub Assistant Registrar
rpp
To
1. The Appellate Authority cum
District Revenue Officer,
(Land Tribunal),
Chennai-5.
2. The Assistant Commissioner,
(Land Reforms),
Tirunelveli.
+1cc to Mr.V.Raghavachari, Advocate SR.No.63754
+1cc to Government Pleader SR.No.63847
W.P. 48824 of 2006 and M.P. 2 of 2006
PA(CO) GMY(28/08/2019)
2 issues framed by the court
Whether the orders of the Land Reform authorities confirming the land as belonging to an individual are sustainable when the land is unfit for cultivation.
Whether the impugned order should be remanded to the Assistant Commissioner of Land Reforms for fresh consideration.
2 provisions across 2 enactments
Muthoot Alternate Energy Resources (P) Ltd.
The Appellate Authority cum District Revenue Officer (Land Tribunal) Chennai-5
The Assistant Commissioner (Land Reforms) Tirunelveli
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
