1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal(MD)No.1540 of 2011 Kalyani ... Appellant/ Petitioner Vs. 1.The Director cum Special Officer, Tamil Nadu Boodhan Board, 4th Floor, Panagal Building, Saidapet, Chennai. 2.The Director/Commissioner, Land Reforms, Chepauk, Chennai -5. 3.The Tahsildar, Thirumayam Taluk, Pudukkottai District. ... Respondents/ Respondents Writ Appeal is filed under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 16.11.2011, made in W.P.(MD)No.13046 of 2011. Prayer in WP(MD)No.13046 of 2011:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to conduct the enquiry relating with the gift deed dated 15.1.1957 made infvaour of Boodhan Board by Meenakshi Achi as under Section 17 of Tamil Nadu Boodhan Yagna Act 1958 and to declare that the gift with respect of the entire punja lands of measuring 32 Acres 58 cents comprised in Old S.No.103/1A and New S.No.103/6B in Meyyapuram Village, Thirumayam Taluk in Pudukottai District as found in the gift deed is invalid execept to the extent of the property of measuring 1 acre 16 ¼ Cents therein and publish the same in the Governemnt Gazette. For Appellant : Mr.R.Surianarayanan For Respondents : Mr.V.Pandi, Government Advocate https://hcservices.ecourts.gov.in/hcservices/ 2 JUDGMENT (Judgment of the Court was made by M.VENUGOPAL, J) Mr.V.Pandi, learned Government Advocate takes notice for the respondents. 2.By mutual consent of the learned counsel appearing for the appellant and the learned Government Advocate appearing for the respondents, the writ appeal itself is taken up for final disposal at the stage of admission itself. 3.The appellant has preferred this Writ Appeal, challenging the order of the writ Court, dated 16.11.2011, made in W.P.(MD).No.13046 of 2011, dismissing the writ petition filed by the appellant herein, seeking for the relief of quashing the order of the first respondent herein to conduct an enquiry relating to the gift deed, dated 15.01.1957, made in favour of Boodhan Board by Meenakshi Achi, under Section 17 of the Tamil Nadu Boodhan yagna Act, 1958 and to declare that the gift, with respect of the entire punja lands, measuring 32 acres 58 cents comprised in old S.No.103/1A and new S.No.103/6B in Meyyapuram Village, Thirumayam Taluk, Pudukkottai District, as found in the gift deed, is invalid, except to the extent of the property of measuring 1 acre 17-1/4 cents therein and publish the same in the Government Gazette. 4.The learned counsel appearing for the appellant would contend that the appellant had already a writ petition in W.P. (MD).No.7492 of 2011 and though this Court passed an order, disposing of the said writ petition, directing the first respondent herein to dispose of the representation made by the appellant, till date no orders have been passed and as such, the appellant has been constrained to prefer the present writ petition, but the same was dismissed by the learned single Judge. It is contended that the writ Court ought to have directed the first respondent herein to dispose of the representation preferred by the appellant, dated 29.08.2011. 5.Heard the learned Government Advocate, appearing for the respondents, on the submissions made by the learned counsel appearing for the appellant. 6.Though the appellant has come forward with a larger prayer, while filing the writ petition, it is now submitted by the learned counsel for the appellant that the appellant would be satisfied, if a direction is given to the first respondent herein to consider his representation, dated 29.08.2011, by affording opportunity to him and also in the light of Section 17 of the Tamil Nadu Boodhan Yagna Act, 1958. 7.It is pertinent to note that even an earlier occasion, a learned Single Judge of this Court directed the https://hcservices.ecourts.gov.in/hcservices/ 3 first respondent to consider the representation of the appellant, while disposing of the writ petition filed by the appellant in W.P.(MD).No.7492 of 2011. But, unfortunately, till date, no action has been taken in respect of such representation. 8.In view of the same, without going into the merits of the representation of the appellant, dated 29.08.2011 and without expressing any view on such representation, we are inclined to direct the first respondent herein to consider the representation of the appellant, dated 29.08.2011, by affording opportunity to the appellant and other relevant parties, by giving notices and also in the light of the provision of Section 17 of the Tamil Nadu Boodhan Yagna Act, 1958 and pass orders, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order. 9.With the above direction, the writ appeal is hereby disposed of. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.The Director cum Special Officer, Tamil Nadu Boodhan Board, 4th Floor, Panagal Building, Saidapet, Chennai. 2.The Director/Commissioner, Land Reforms, Chepauk, Chennai -5. 3.The Tahsildar, Thirumayam Taluk, Pudukkottai District. +One cc to The Spl Govt. Pleader, SR.No.45386 gcg rl/5 c- 10.1.2012 Judgment In W.A.(MD)No.1540 of 2011 Dated:21.12.2011 https://hcservices.ecourts.gov.in/hcservices/