Kalai magel saba case THE HONOURABLE MR JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR WA NO. 472 of 2024 R.Karupannan

WA NO. 472 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-07-2025
CORAM
THE HONOURABLE MR JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
WA NO. 472 of 2024
R.Karupannan
S/o. Ramasamy, No.45, Balan Nagar, Peelamedu, Coimbatore 641 004.
Appellant(s) Vs.
1.Kalaimagal Sabha Uruppinargal Pathukappu Sangam
(Reg. No. 008/03), Rep. By Its President Kovai Sakthi, No.811, Salivan Street, Coimbatore 641 001
2.The State of Tamil Nadu
Rep. By Secretary To Govt., Commercial Taxes Dept., Secretariat, Chennai -09
3.The Special Officer/joint
Receiver Of Kalaimagal Sabha (reg. 16/84), 67, New Pallipalayam Road, Kumarapalayam, Salem
4.The Joint Receiver
Kalaimagal Sabha (regn. 16/84), 48, New Usman Road, T.Nagar, Chennai-17
5.K.Katchiyappan
S/o. Kumarasamy, No. 1104 (1), Main Road, Kilkodungalur, Tiruvannamalai-604 403.
(R5 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11828 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
6.K. Venkatesan
S/o. Kandasamy, No.10/2, Jayasakthi Nagar, Sothupakkam, Melmaravathur – 319
(R6 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.14636 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
7.MOHANA
W/o. Karunanidhi, No.411/4, Plot No.323, mahalakshmi Nagar, Dhimmavaram, Chengalpet-603 101
(R7 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.14654 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
8.Dinakaran Vedhapuri
S/o.Vedhapuri, No.41, North Street, Kodungalur (kil) Tiruvannamalai 604 403
(R8 Is Impleaded, Vide Order Of Court Dated 11/09/2024 Made In Cmp.No.11835 Of 2024 In WA.No.472/2024 (ACJ And PBBJ)
9.LOGANAYAKI
W/o.Thanigachalam, No.1111/1, Lakshmipathi Mudhali Street, MGR Nagar, Kilkodungalur, Tiruvannamalai 604 403
(R9 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11846 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
10.K.Rajeshwari
W/o. Late Kuppusamy, No. 47, Balamurugan Koil Street, Elapakkam, Kancheepuram 603 201.
(R10 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11847 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
11.DEIVAYANAI
W/o.Kanchiyappan, No.1104(1) Main Road, Kilkodungalur, Tiruvannamalai – 604 403.
(R11 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11872 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
12.K.Krishnan
S/o.Kathirvel, No.178, Perumal kovil Street, Kilkodungalur, Tiruvannamalai-604403
(R12 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.14615 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
13.SUBRAMANIAN
S/o. Ramakrishnan, No.9/26, New Street, Ulundurpettai.
(R13 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.14655 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
14.Achuthan Ponnappan
S/o. Ponnappan, No.22, North St, Kodungalur (KIL) Tiruvannamalai 604 403.
(R14 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11839 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
15.K.Pushpa
D/o.Katchiyappan, No.1104(1), Main Road, Kilkodungalur, Tiruvannamalai – 604 403.
(R15 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11873 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ))
16.PANCHAVARNAM
W/o. K. Krishnan, No.178, Perumal Kovil Street, Kilkodungalur, Tiruvannamalai 604 403.
(R16 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.14652 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
17.Gowri Krishnan
W/o.Krishnan, NO.303/1, Bajar Street, Kodungalur (KIL), Kilkodungalur, Tiruvannamalai-604403
(R17 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11831 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
18.B. Pasupathi
S/o. Balasundaram, Ponniamman Koil St, Kilkodungalur, Vandavasi Tk, Tiruvannamalai 604 403.
(R18 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11836 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
19.S. Arioli
S/o. Sakthivel, No.2/113, Subramaniar Koil St, Elapakkam Post, Maduranthagam Tk, Chengalpet District – 403.
(R19 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11837 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
20.P. Pachaiappan
S/o. Ponnusami, No.129, Sundara Vinayagar Koil St, Vandavasi Tk, Tiruvannamalai Dt
604 403
(R20 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11838 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
21. R.Arjunan
S/o.Ramasamy, No.415/3, Main Road, Kalyani Nagar, Balu Chetty Sathiram, Thiruppukzhi, Kancheepuram – 631 551.
(R21 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11875 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
22. L.Pachaiappan
S/o.Loganathan, No.803, Road Street, Pavender Nagar, Kilkodungalur, Tiruvannamalai604403
(R22 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11832 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
23.Seraladhan Sriraman
S/o. Sriraman, No.9954, Mein Street, Kodungalur (KIL), Tiruvannamalai 604 403.
(R23 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11833 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
24.UMADEVI
W/o.Subramanian, No.9/26 New Street, Ulundurpettai.
(R24 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.14620 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
25.E.Dhayalan
S/o. Elumalai, No. 53, North Street, Kilkodungalur, Tiruvannamalai-604403
(R25 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.14627 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
26.Kalaiselvi Serladhan
W/o. Serladhan, No.9954, Mein Street, Kodungalur (KIL) Tiruvannamalai 604 403.
(R26 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11840 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
27.REVATHI
W/o. Late Seenuvasan, No. 45, North Street, Kodungalur (KIL), Vandavasi Taluk, Tiruvannamalai-604 403.
(R27 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11841 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
28. K.Sundaresan
S/o.Kuppusamy, NO.346(1) Mettu Street, Kodungalur (KIL) Tiruvannamalai, Kilkodungalur, Tamilnadu-604403
(R28 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11842 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
29. D.Jaya
W/o.Dinakaran, No.41, North Street, Kodungalur(KIL), Tiruvannamalai 604 403.
(R29 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11843 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
30.MALARKODI
W/o.Ramachandiran, No.40/1, North Street, Vandavasi, Kodungalur(KIL), Kilkodungalur, Tiruvannamalai 604 403.
(R30 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11844 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
31.Jayabalan Subburayan
S/o.Subburayan, No.1070, Thennandai Street, Thiruvalluvar Nagar, Kodungalur (KIL) Tiruvannamalai-604403
(R31 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11845 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
32.P. Jayalakshmi
W/o. Late. Ponnusamy, 24, Minvariya Street, Elapakkam, Kancheepuram 603 201.
(R32 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11848 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
33.N.Chandrasekaran
S/o.Natarajan, No.75, Thennandai Street, T.V.Nagar, Kilkodungalur, Tiruvannamalai
604 403
(R33 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11849 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
34.LAKSHMANAN
S/o.Ponnusamy, No.91, Esharan Koil Street, Vandavasi, Kilkodungalur, Tiruvannamalai
604 403
(R34 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11850 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
35.R.Yuvaarasu
S/o.Ramasamy, Nadu Theru, Kannikapuram, Kilkodungalur, Vandavasi Taluk, Tiruvannamalai-604403
(R35 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11851 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
36.PARAMASIVAM
S/o. Krishnan, No.1129, Kilkodungalur, Vandavasi Taluk, Thiruvannamalai District-604
403
(R36 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11855 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
37.SEMANATHAN
S/o. Karthikeyan, No.101, Kulathukarai Theru, Kavedu, Kilkodungalur, Tiruvannamalai
(R37 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11856 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
38.N Arunachalam
S/o. Nadesan, No.11, North Street, Kodungalur(KIL), Tiruvannamalai-604 403
(R38 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11857 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
39.POOMPAVAI
W/o. Muthukrishnan, No.52,127, Sannathy Street, Tiruvathur, Cheyyur, Tiruvannamalai-604 407
(R39 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11858 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
40.N.Gunasekaran
S/o Natrajan, No.75, Thennandai Street, T.V.Nagar, Kilkodungalur, Tiruvannamalai-604
403
(R40 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11859 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
41.ANANDHI
S/o. Ramachandran No. 1111/D, Lakshmipathi First Street, M.G.R.Nagar, Kilkodungalur, Vandavasi Taluk, Tiruvannamalai-604 403.
(R41 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11861 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
42.KARUNAIVEL
S/o. Murugesa Mudaliar, No. 41/1, North Street, Kilkodungalur, Vandavasi Taluk, Tiruvannamalai-604 403.
(R42 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11862 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
43. K.Vedhagiri
S/o. Kuppusami, No. 1046, Thennadai Street, Thiruvallu Ngar, Kilkodungalur, Tiruvannamalai-604 403.
(R43 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11863 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
44. K.Katchiyappan
S/o. Kumarasamy No. 1104(1), Main Road, Kilkodungalur, Tiruvannamalai-604 403.
(R44 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11864 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
45. C.Kumar
S/o. Chengalvarayan, No. 3/17, Mettu Theru, Kilkodungalur, Vandavasi Taluk, Tiruvannamalai-604 403.
(R45 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11865 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
46.KRISHNAN
S/o. Sriramalu, No.303/1, Bajar Street, Kodungalur (KIL), Kilkodungalur, Tiruvannamalai – 604 403.
(R46 IS IMPLEADED, VIDE ORDER OF COURT DATED 11/09/2024 MADE IN
CMP.NO.11870 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
47. A.Silambarasan
S/o.Anbalagan, No.104, Acharapakkam Road, Mamandur, Kilkodungalur, Tiruvannamalai – 604 403.
(R47 IS IMPLEADED, VIDE ORDER OF COURT DATED
11/09/2024 MADE IN CMP.NO.11871 OF 2024 IN WA.NO.472/2024 (ACJ AND PBBJ)
48. P.Haridoss
(R48 impleaded as party respondent vide court order dt.07.04.2025 made in CMP 6385/2025 in WA 472/2024 (MSRJ and NSJ)
Respondent(s)
For Appellant(s):
Mr. V.P. Kamalanathan
For Respondent(s):
Mr. R.Singaravelan, Senior Counsel For Mr. M.Muruganantham For R1,
Mr.J.Ravindran, Additional Advocate General, Assisted By
Mr.U.Bharanidharan, Special Government Pleader For R2,
Mr.G.Mohana Krishnan For R5 to R47
Mr.A.G.Rajan For R48
ORDER
(Order of the Court was made by M.S.Ramesh, J.)
Pursuant to our earlier order dated 24.04.2025, the Writ Appeal has been specially ordered by the Honble the Chief Justice, to be heard by this Bench, through order dated
23.06.2025. Accordingly, the Writ Appeal is listed before this Bench today.
2.In our earlier order dated 24.04.2025, we had suo motu impleaded the District
Collectors of 33 Districts for the purpose of identifying the properties belonging to Kalaimagal Sabha, with or without encroachments and submit a report before us. We had also directed the Inspector General of Registration to forthwith share the details of the properties to each and every District Collector, insofar as it relates to their respective Districts.
3.Today Mr.J.Ravindran, learned Additional Advocate General, submitted that the District Collectors are in the process of identifying the properties and that they would finalize such identification and report before this Court in two weeks.
4.At this juncture, Mr.V.P.Kamalanathan, learned counsel appearing for the appellant submitted that the Inspector General of Registration, who is also the Special Officer of Kalaimagal Sabha, has circulated a letter dated 16.05.2025, which appears to be a press release, calling upon the depositors to approach the Inspector General of
Registration/Special Officer of Kalaimagal Sabha, for the purpose of receiving their deposit amounts. It is also his statement that some meager amounts have been electronically transferred to some of the depositors.
5.The aforesaid action has caused a serious concern, much to our dismay. We also do not appreciate this unilateral decision of the Inspector General of Registration in attempting to settle a handful of depositors, without obtaining prior permission from this Court. It also appears that the Inspector General of Registration was ignorant of the consequences in attempting to settle the depositors and dislodge their status as depositors, which may have far reaching adverse consequences.
6.When we had put a specific question to the learned Additional Advocate General about the circumstances under which such a decision was taken, the learned Additional Advocate General submitted that he has instructions only from District Collectors and that the Advocate General appears for the Inspector General of Registration, who is unavoidably absent today.
7.However, on instructions from the learned counsel appearing for Kalaimagal Sabha, he submitted that the press release has been sent to about 49 visitors. He also submitted that such a decision was only taken after some order was passed in Cont.P.No.1538 of 2023.
8.In the light of our findings and observations recorded above, there shall be an interim direction to the Inspector General of Registration to refrain from taking any further course of action based on the press release letter dated 16.05.2025 or any other act which may relate to disbursement of any funds to the depositors.
9.The learned Additional Advocate General further submitted that he would immediately advice the Inspector General of Registration to keep the press release letter dated
16.05.2025, in abeyance. This statement is hereby recorded.
10.We are also appraised of the fact that Cont.P.No.1538 of 2023 has been closed on the ground that the Division Bench has seized off the matter.
11.Call the Writ Appeal on 01.08.2025.
(M.S.R,J.) (N.S,J.)
18.07.2025
Sni
To
1.The Secretary to Government of Tamil Nadu, Commercial Taxes Dept., Secretariat, Chennai -09.
2.The Special Officer/Joint
Receiver Of Kalaimagal Sabha (reg. 16/84), 67, New Pallipalayam Road, Kumarapalayam, Salem.
3.The Joint Receiver,
Kalaimagal Sabha (regn. 16/84), 48, New Usman Road, T.Nagar, Chennai-17.
4.The Inspector General of Registration, Santhome, Chennai. Ph:8300828900
5.The District Collector, Chengalpattu
6.The District Collector, Chennai
7.The District Collector, Coimbatore
8.The District Collector, Cuddalore
9.The District Collector, Dharmapuri
10.The District Collector, Dindigul
11.The District Collector, Erode
12.The District Collector, Kallakurichi
13.The District Collector, Kancheepuram
14.The District Collector, Karur
15.The District Collector, Krishnagiri
16.The District Collector, Madurai
17.The District Collector, Mayiladuthurai
18.The District Collector, Nagapattinam
19.The District Collector, Namakkal
20.The District Collector, Perambalur
21.The District Collector, Pudukkottai
22.The District Collector, Ramanathapuram
23.The District Collector, Ranipet
24.The District Collector, Salem
25.The District Collector, Sivaganga
26.The District Collector, Thanjavu
27.The District Collector, Thoothukudi
28.The District Collector, Tiruchirappalli
29.The District Collector, Tirunelveli
30.The District Collector, Tirupathur
31.The District Collector, Tiruppur
32.The District Collector, Tiruvallur
33.The District Collector, Tiruvannamalai
34.The District Collector, Tiruvarur
35.The District Collector, Vellore
36.The District Collector, Viluppuram
37.The District Collector, Virudhunagar
M.S. RAMESH.J, and N.SENTHILKUMAR.J,
Sni
WA NO. 472 of 2024
18.07.2025