This writ petition is filed seeking a writ of Mandamus to direct the respondents not to entertain or register any document in respect of the lands comprised in Survey Nos.314 to 317, 318 to 329, 344, 345, 347, 348, 351 to 353, 358, 359, 330 to 341, 383 to 393, situated in Ariyakulam Village, Palayamkottai Taluk, Tirunelveli District until the third respondent finalize the proceedings under Act 58/61 and Act 17/70 in respect of the lands in Seevalaperi Chatram and grant individual patta to all the shareholders after deciding their respective holdings.
2.The case of the petitioner is that Medai Dalavoi family created a private trust, namely, Seevalaperi Chatram and he is a member of Medai Dalavoi Family and with regard to the lands owned by the trust, land ceiling proceedings under Act 58/1961 was initiated on 15.05.1973 and the third respondent completed the proceedings in respect of one of the sharer, namely Alagappa Mudaliar, alone. Therefore, a writ petition in W.P.No.5283 of 2007 has been filed and the same is pending. During pendency of the proceedings, some of the sharers alienated the properties of the trust. Since the petitioner and other sharers approached the authorities, seeking not to register any document in respect of the lands, they replied that they were prevented by the Court orders. The third respondent also initiated appropriate proceeding under the Act on 06.04.1960, for deciding the extent of land for each member of the family and the same has been finalised in respect of some sharers. Therefore, the petitioner is before this Court with the aforesaid prayer.
3.The learned counsel appearing for the petitioner placing reliance on the common order of this Court, dated 28.04.2014, passed in W.P(MD)Nos.6798 of 2008, 10581 of 2009 and 6008 of 2011 [M.D.K.Shanmuganathan v. The Assistant Commissioner (Land Reforms), Tirunelveli and others], would submit that in similar matters in respect of the lands belonging to Singikulam Annadhana Chathiram, a direction was issued to the authorities to pass orders within a stipulated period and also directed the authorities not to assign any land belonging to the Chathiram to third parties.
4.Heard both sides.
5.In similar circumstances, this Court in W.P(MD)Nos.6798 of 2008, 10581 of 2009 and 6008 of 2011 [M.D.K.Shanmuganathan v. The Assistant Commissioner (Land Reforms), Tirunelveli and others], has passed the following order:
?11.Now, from the averments in the affidavit in all the writ petitions and the counter affidavit filed by the Sub-Registrar, Nanguneri, it is seen that the proceedings were initiated under the Act. The competent authority also declared the excess of lands belonging to Chathiram.
12.The grievance of the petitioner is that without finalisation of extent and specific portions of lands to which family members, Chathiram and Government are entitled, the authorities cannot assign any land to any third parties. Similarly, the family members also cannot deal with the land belonging to Chathiram, unless the final orders are passed in the land ceiling proceedings. The contentions of the petitioner are well founded. The authority as well as the family members cannot deal with the lands unless final orders are passed by the competent authority. I hold that the petitioner is entitled to the relief sought for in all the writ petitions.
13.Since the proceedings under the Act is pending from the year 2008, after declaration of excess lands of Chathiram, the competent authority is directed to pass orders within a period of eight weeks from the date of receipt of a copy of this order. Till the final orders are passed, the authorities are directed not to assign any land belonging to the Chathiram to third parties.
14.In the result, the writ petitions are allowed as prayed for?.
6.Following the same, since the proceedings under the Act is pending from the year 1973, after declaration of excess lands of Chathiram, the competent authority is directed to pass orders within a period of eight weeks from the date of receipt of a copy of this order. Till the final orders are passed, the authorities are directed not to assign any land belonging to the Chathiram to third parties.
7.The Writ Petition is allowed on the above terms. No costs.
To
1.The Sub Registrar, Office of the Sub Registrar, Barkit City, Palayamkottai Taluk, Tirunelveli District.
2.The District Registrar, Palayamkottai, Tirunelveli Town and District.
3.The Assistant Commissioner, Land Reforms, Thiruvandrum Road, Tirunelveli.
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