Kalaimagal saba HONOURABLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
THE HONOURABLE MR JUSTICE M.S.RAMESH
AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
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.)
On 24.04.2025, the Special Officer/Inspector General of Registration, who appeared before this Court, reported that the properties purchased by Kalaimagal Sabha were spread over in two States, namely Tamil Nadu and Karnataka, as well as the Union Territory of Delhi.
2.Insofar as the State of Tamil Nadu is concerned, it was reported that the properties may be situated in 33 Districts. In order to identify such properties, with and without encroachments, we had suo motu impleaded the District Collectors of these 33 Districts, with a direction to each and everyone of them to depute the Tahsildars/Surveyors in their Districts to inspect the properties and report before us with regard to the nature of properties and as to whether there were any encroachments therein.
3.In this background, the matter was adjourned and ultimately, on 18.07.2025, when the Writ
Appeal was listed, Mr.J.Ravindran, learned Additional Advocate General, submitted that the District Collectors are yet to identify these properties and sought for indulgence of this Court to grant two more weeks for filing the reports. In consideration of such a submission made, we had granted further time to the District Collectors to submit their reports and accordingly adjourned the matter today, to enable them to identify the properties.
4.Today, it is reported that the District Collectors are yet to submit their reports. We express our disappointment to the manner in which the District Collectors had responded to judicial orders passed way back on 24.04.2025 and even after their undertaking given in the last hearing on 18.07.2025, they have failed to file their reports. Since the District Collectors appear to have not understood the seriousness of the issue in hand, we deem it appropriate that the Principal Secretary, Revenue Department, Government of Tamil Nadu be called upon to follow-up with each of these 33 District Collectors and submit the same before this Court.
5.Accordingly, Tmt.P.Amudha, I.A.S., Additional Chief Secretary to Government, Revenue and Disaster Management Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009 is suo motu impleaded as a party respondent in this Writ Appeal. She is called upon to be physically present before this Court on 08.08.2025 at 02.15 P.M., along with reports of all the 33 District Collectors.
6.Incidentally, we had, in our earlier order dated 18.07.2025, recorded our dissatisfaction to the manner in which the Special Officer/Inspector General of Registration had unilaterally taken a decision to give a press release and invite applications from the depositors to receive
the deposits. The said order reads as follows:-
“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.”
7.Today, Mr.P.S.Raman, learned Advocate General, submitted that in view of the pendency of the Contempt Petition at the relevant point of time, the Special Officer was constrained to give a press release. We do not find any such directions, either in the interim orders or the final order in the Contempt Petition, allegedly directing the Special Officer to disburse the deposits to the depositors, nor is there any direction to authorize the Special Officer to give a press release for disbursement of the deposits. We also do not find as to in what basis the
Special Officer had determined the meager amount of approximately Rs.2,000/- to each of the
49 applicants out of the 99 depositors who responded to the press release of the Special Officer. Neither, is there any clarity as to whether such amounts was pari passu to each of these depositors vis-a-vis the total deposit of Rs.118 Crores lying in the account of
Kalaimagal Sabha.
8.The learned Advocate General also submitted that pursuant to the interim order of this Court dated 18.07.2025, the Special Officer/Inspector General of Registration had stopped all further course of action pursuant to the press release dated 16.05.2025. His statement is hereby recorded. However, we are constrained to observe here that we have lost our trust owing to this conduct of the Special Officer in having taking an unilateral decision without obtaining our prior permission.
9.Call the matter on 08.08.2025 at 02.15 P.M.
(M.S.RAMESH,J.) (N.SENTHILKUMAR,J.)
