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 Kalaimagal Sabha Uruppinargal Pathukappu Sangam

WA NO. 472 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
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
Kalaimagal Sabha Uruppinargal Pathukappu Sangam
(Reg. No. 008/03), Rep. By Its President Kovai Sakthi, No.811, Salivan Street, Coimbatore 641 001 and 84 Others
Respondent(s) For Appellant(s):
Mr.V.R. Kamalanathan for Mr.P.Chinnadurai For Respondent(s):
Mr.R.Singaravelan, Senior Counsel for Mr. M.Muruganantham for R1,
Mr.P.S.Raman, Advocate General assisted By Mr.U.Bharanidharan,
SGP for R2,
Mr.B.Vijay, Standing Counsel for R3,
Mr.G.Mohana Krishnan for R5 to R47,
Mr.A.G.Rajan, for R48,
Mr.J.Ravindran, AAG assisted by Mr.A.Selvendran, SGP for R49
To R81,
Ms.Narmadha Sampath for R82 To R85
ORDER
(Order of the Court was made by M.S.Ramesh,J.)
In continuation of our earlier order dated 01.08.2025, Tmt.P.Amudha, I.A.S., Additional
Chief Secretary to Government, Revenue and Disaster Management Department,
Government of Tamil Nadu, is present before us today. According to her, as soon as we had passed orders, she had taken effective steps to address the issue in hand and had also interacted with the District Revenue Officers, as well as the District Collectors. She appears to have appraised all the District Collectors to expedite the issue and submit their action taken reports. The District Collectors, in turn, have deputed 68 Surveyors to exclusively visit the properties belonging to Kalaimagal Sabha and submit their reports.
2.We would like to place on record the effective steps taken by Tmt.P.Amudha, I.A.S., after we had implemented her as a party respondent.
3.The learned Advocate General had produced before us the copies of status reports filed by 7
District Collectors, namely Chennai, Cuddalore, Chengalpet, Kanchipuram, Ranipet, Tiruppur and Tiruvallur, wherein the respective District Collectors have set forth the details of the properties, which are claimed to have been purchased by Kalaimagal Sabha and the nature of such properties, apart from its classification, etc.
4.Insofar as the status reports of other Districts are concerned, the abstract of the properties alone have been produced before us. From the abstract, we find that among these Districts, 9
Districts, namely Coimbatore, Kanchipuram, Madurai, Pudukottai, Tiruvannamalai,
Tirunelveli, Tiruchirapalli, Villupuram and Virudunagar Districts, have more than 100 properties therein. Out of these 9 Districts, the Collector of Kanchipuram District alone has filed the status report.
5.Insofar as the remaining 26 Districts are concerned, the learned Advocate General would submit that they would expedite the process and file their status report at the earliest. It is also his submission that insofar as the properties wherein encroachments have been noted, effective steps would be taken under the Encroachment Laws.
6.We had, in our earlier order dated 01.08.2025, recorded that from the orders passed by the earlier Coordinate Bench of this Court in the present Writ Appeal, there was no positive direction to the Special Officer/Inspector General of Registration for refunding the subscription to some of the subscribers through a press release.
7.According to the learned Advocate General, the interim order passed in Contempt Petition No.1538 of 2023 and W.P.No.31429 of 2023, etc. batch, dated 13.12.2024 has not been uploaded in the official website of this Court. A copy of the said order has been produced
before us, in which paragraphs 2 and 3 read as follows:-
“2. The concrete and stringent actions taken by the Special Officer, Mr.Dinesh Ponraj Oliver, along with his support staff, are appreciated. Their effort are in the pubic interest, so as to ensure that the affected persons can redress their grievances in the manner known to law.
3. After setting the claims of members based on the records available with the Special Officer or produced by the respective members themselves, the remaining balance shall be deposited into Government accounts in the public interest. Since this is a special mission assigned to the Special Officer, this Court is hopeful that the progress will be made and actions will be completed as expeditiously as possible.”
8.The learned Advocate General submitted that in view of the aforesaid order dated 13.12.2024, the Special Officer was constrained to release some amounts to 49 of the subscribers, based on requests made by the senior citizens/subscribers.
9.In our view, even in the above order dated 13.12.2024, there was no specific direction for refund of the subscription. However, the Special Officer appears to have acted upon the requests made by some of the senior citizens and apparently has misconstrued the earlier order of this Court. Since it is claimed to be a genuine mistake, we hereby condone and expunge the adverse remarks made against him in our earlier order dated 01.08.2025.
10.We hasten to add here that when had indicated to the learned Advocate General that repayment of the small sums to 49 subscribers should not dislodge them from their status as subscribers, the learned Advocate General assured that the status of these 49 subscribers, who have received some amounts pursuant to the press release issued by the Special Officer dated 16.05.2025, shall be maintained and that they would be eligible to receive all the benefits, which the other subscribers may be entitled to. His statement is hereby recorded.
11.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, is called upon to expedite the process of preparing the status reports from the remaining 26 District Collectors and file the same, in the next hearing.
12.Insofar as the properties of 8 Districts where there are more than 100 properties are concerned, interim reports shall be filed by the respective District Collectors on the action taken, in the next date of hearing before this Court.
13.For the purpose of implementation of all our above findings, the Revenue Secretary would be at liberty to give necessary instructions to the Special Officer and whenever such directions are given, the Special Officer shall strictly adhere to the same. The entire process of identification of all the properties of Kalaimgal Sabha, shall be overseen by the Revenue Secretary.
14.Call the matter on 22.08.2025 at 02.30 P.M.
15.The physical presence of Tmt.P.Amudha, I.A.S., Additional Chief Secretary to
Government, Revenue and Disaster Management Department, is dispensed with, until further
orders.
(M.S.RAMESH,J.) (N.SENTHILKUMAR,J.)
08-08-2025 hvk
To
1.The Secretary,
State 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 Registration, Santhome, Chennai.
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, Sivagangai
26.The District Collector, Thanjavur
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, Villupuram
37.The District Collector, Virudhunagar
38.The Additional Chief Secretary,
Revenue and Disaster Management, Government of Tamil Nadu,
Secretariat, Chennai – 600 009.