Kalai magal saba HONOURABLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR WA No. 472 of 2024 AND CMP NO. 25107 OF 2025,CMP NO. 25111

by Sekar Reporter · December 6, 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-12-2025
CORAM
THE HONOURABLE MR JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
WA No. 472 of 2024
AND
CMP NO. 25107 OF 2025,CMP NO. 25111 OF 2025,CMP NO. 25119 OF
2025,CMP NO. 28863 OF 2025,CMP NO. 28866 OF 2025,CMP NO. 30475
OF 2025,CMP NO. 3171 OF 2024,CMP NO. 3175 OF 2024,CMP NO. 10972 OF 2025,CMP NO. 10981 OF 2025,CMP NO. 10983 OF 2025,CMP NO.
10986 OF 2025,CMP NO. 25071 OF 2025
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
86 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.Muruganathan for R1
Mr.U.Bharanidharan
Special Government Pleader for R2
Mr.P.S.Raman, Advocate General
assisted by Mr.B.Vijay, Standing Counsel for R3
Mr.G.Mohana Krishnan for R5 to R47
Mr.A.G.Rajan for R48
Mr.J.Ravindran
Additional Advocate General assisted by Mr.A.Selvendran, Special Government Pleader for R49 to R81
Ms.Narmadha Sampath for R82 to R86
Mr.V.Vasantha Kumar
Additional Government Pleader Puducherry for R87
ORDER
(Order of the Court was made by M.S.Ramesh J)
The learned Advocate General, submitted two sets of FMB sketches, one adjoining the National Highways / State Highways and the rest of the other properties in Coimbatore District, which are free from encumbrances.
2. In the e-auction draft notification, produced before us on 19.11.2025, the following suggestions for rectification were made: (a) In column (V), the bid increment amount could be escalated according to the value of the individual item of property proposed in the auction; (b) In Column (XII) (d), (i), (j), (n), (o), (u) and (v), we had suggested that all the conditions therein would be subject to the final confirmation by the Division Bench of the Madras High Court or by the Committee, which may include a retired High Court Judge of this Court, to be constituted by this Court.
3. The learned Advocate General offered to submit a revised draft notification of the e-auction in the next hearing.
4. As pointed out by Mr.V.R.Kamalanathan, the respondents may also consider adopting the procedure for giving wide publicity of the proposed auction, apart from adhering to Rule 8(7) of the SARFAESI Rules, 2002.
5. When certain apprehensions were raised by Mr.V.R.Kamalanathan, with regard to the uploading of the names of the members and the access to it, Mr.B.Vijay, learned Additional Government Pleader, has offered to bring a technical person to demonstrate before us with regard to the free accessibility of the list of members in the website. We are of the view that any modification, if required in uploading of the list, can be considered after such demonstration.
6. Insofar as the claim of the Government of Puducherry that there is only one property, comprising of two survey numbers, namely, RS.No.157/2 and 157/3 in Katteri Revenue Village, which is free of encumbrance is concerned, Mr.V.Vasantha Kumar, learned Additional Government Pleader produced a copy of the written instructions given to him, dated 27.11.2025, in which, it has been recorded that even these two properties have an encumbrance vide Sale Deed No.2337 of 2007, dated 24.07.2007, in a private person’s name and it is claimed that the sale was executed by the Joint Receivers’ of Kalaimagal Sabha, Chennai.
7. In the light of these instructions, we now find that none of the properties, within the boundaries of Union Territory of Puducherry, are free of encumbrances.
8. For receiving and approving the revised e-auction draft notification, the
Registry is directed to post this matter on 09.12.2025 at 02.30 p.m.
(M.S. RAMESH J.) (N.SENTHILKUMAR J.)
03-12-2025
Anu
To
1.The Secretary to Government, Commercial Taxes Department, 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 Chengalpattu
6. The District Collector, Chennai Chennai
7. The District Collector, Coimbatore Coimbatore
8. The District Collector, Cuddalore Cuddalore
9. The District Collector, Dharmapuri Dharmapuri
10. The District Collector, Dindigul Dindigul
11. The District Collector, Erode Erode
12. The District Collector, Kallakurichi Kallakurichi
13. The District Collector, Kancheepuram Kancheepuram
14. The District Collector, Karur Karur
15. The District Collector, Krishnagiri Krishnagiri
16. The District Collector, Madurai Madurai
17. The District Collector, Mayiladuthurai Mayiladuthurai
18. The District Collector, Nagapattinam Nagapattinam
19. The District Collector, Namakkal Namakkal
20. The District Collector, Perambalur Perambalur
21. The District Collector, Pudukkottai Pudukkottai
22. The District Collector, Ramanathapuram Ramanathapuram
23. The District Collector, Ranipet Ranipet
24. The District Collector, Salem Salem
25. The District Collector, Sivagangai Sivagangai
26. The District Collector, Thanjavur Thanjavur
27. The District Collector, Thoothukudi Thoothukudi
28. The District Collector, Tiruchirappalli Tiruchirappalli
29. The District Collector, Tirunelveli Tirunelveli
30. The District Collector, Tirupathur Tirupathur
31. The District Collector, Tiruppur Tiruppur
32. The District Collector, Tiruvallur
Tiruvallur
33. The District Collector, Tiruvannamalai Tiruvannamalai
34. The District Collector, Tiruvarur Tiruvarur
35. The District Collector, Vellore Vellore
36. The District Collector, Villupuram Villupuram
37. The District Collector, Virudhunagar Virudhunagar
38.Tmt.P.Amudha I.A.S.
Additional Chief Secretary to Government
Revenue and Disaster Management Department
Government of Tamil Nadu, Secretariat, Chennai 600 009
39. The Secretary
Revenue Department, Union Territory of Puducherry
40.The Chief Judge, Puducherry
M.S.RAMESH J.
AND
N.SENTHILKUMAR J.
Anu
WA No. 472 of 2024
CMP NO. 25107 OF
2025,CMP NO. 25111 OF 2025,CMP NO. 25119 OF 2025,CMP NO.
28863 OF 2025,CMP
NO. 28866 OF
2025,CMP NO. 30475
OF 2025,CMP NO. 3171
OF 2024,CMP NO. 3175 OF 2024,CMP NO.
10972 OF 2025,CMP
NO. 10981 OF
2025,CMP NO. 10983 OF 2025,CMP NO.
10986 OF 2025,CMP
NO. 25071 OF 2025
03-12-2025