Madras High Court
Iris Warehousing And Storages Pvt. Ltd vs Commissioner Of Land Administration on 15 October, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
2025:MHC:2416
W.A. No.1245 of 2024 and W.P.No.13270 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A. No.1245 of 2024 and W.P.No.13270 of 2024
and
C.M.P.No.9132 of 2024
and
W.M.P. No.14412 of 2024
W.A.No.1245 of 2024
Iris Warehousing and Storages Pvt. Ltd.,
represented by its Director M.Balamurugan
Having Office at No.36, Old No.2/1,
Diwan Bashyam Street,
West Saidapet, Chennai – 600 015. ... Appellant
Vs.
1.Commissioner of Land Administration,
Ezhilagam, Kamarajar Promenade,
PWD Estate, Chepauk, Chennai – 600 005.
2.District Collector,
Chennai.
3.District Revenue Officer,
Chennai.
4.The Revenue Divisional Officer,
Chennai North.
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
5.The Tahsildar,
Madavaram Taluk, Chennai.
6.Annai J.J.Nagar Kudiyiruppor
Nalavazhvu Sangam
rep. By its President Mr.B.Edwin,
Kathirvedu Village, Ambattur Taluk,
Thiruvallur District.
7.S.Saraswathy
8.K.S.Sabarinath
9.K.S.Dhuvaraganath
10.K.S.Reghadevi ... Respondents
W.P.No.13270 of 2024
1.K.S.Sabarinath
2.Saraswathi
3.K.S.Dhuvaragnath
4.K.S.Rekhadevi ... Petitioners
Vs.
1.The Commissioner of Land Administration,
Land Administration Department,
2nd Floor, Ezhilagam,
Chepauk, Chennai – 600 005.
2.The Tahsildar,
Madhavaram Taluk, Chennai.
3.Annai J.J.Nagar Kudiyiruppor
Nalavazhvu Sangam
rep. By its President Mr.B.Edwin,
Kathirvedu Village, Ambattur Taluk,
Thiruvallur District. ... Respondents
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
Prayer in W.A.No.1245 of 2024: Writ Appeal filed under Clause 15
of Letters Patent against the order dated 18.10.2023 passed in W.P.No.30161
of 2023.
Prayer in W.P.No.13270 of 2024: Writ Petition filed under Article 226
of The Constitution of India praying to issue a Writ of Certiorari to call for the
proceedings of the first respondent in Proc. No.F3/4090103/2023 and quash
the order dated 10.09.2023.
W.A.No.1245 of 2024
For Appellant : Mr.T.M.Mano
For Respondents : Mr.J.Ravindran,
Additional Advocate General
assisted by
Mr.D.Ravichander,
Special Government Pleader
for R1 to R5
Mr.M.Udayabhanu for R6
Mr.V.Anil Kumar for R7 to R10
W.P.No.13270 of 2024
For Petitioner : Mr.V.Anil Kumar
For Respondents : Mr.J.Ravindran,
Additional Advocate General
assisted by
Mr.D.Ravichander,
Special Government Pleader
for R1 and R2
Mr.M.Udayabhanu for R3
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Under assail is the writ order dated 18.10.2023 passed in W.P.
No.30161 of 2023. Writ petitioner is the appellant before this Court.
2. The facts in brief are that approximately four acres of land was
assigned initially to M/s.Sreepathy Chemicals and permission was granted to
enter upon the land by the District Collector for developing a chemical industry.
Subsequent to the order granting permission to enter upon, G.O.Ms.No.637
Revenue Department dated 23.03.1967 was issued assigning subject land in
favour of M/s.Sreepathy Chemicals. It is a conditional assignment granted in
relaxation of the Government Order in G.O.Ms.No.1135 Revenue dated
16.03.1962. Relaxation was granted by the Government since there was a
total ban on assignment of Government lands in and around Chennai city and
Chengalpet District. The reason for relaxation of ban order was not stated in
the Government Order. The Government states that the subject land is a
'grazing poramboke' and re-classified as 'waste dry'. Assignment was granted
in favour of M/s.Sreepathy Chemicals to establish a chemical industry for
manufacture of varnishes and oxalic acid on collection of land value at Rs.85/-
per cent. Sub division fee is also contemplated.
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
3. Admittedly, the land value fixed by the Government has not been paid
in full by the original assignee viz., M/s.Sreepathy Chemicals. A sum of
Rs.6,410/- was paid and the balance amount of Rs.27,600/- had not been paid
to the Government.
4. Conditions stipulated in the assignment order have been violated.
Thus the Government is empowered to resume subject land by invoking the
relevant provisions under the Revenue Standing Order. Pertinently, the original
assignee M/s.Sreepathy Chemicals alienated the Government land in favour of
third parties in a fraudulent manner and by suppressing the fact that it is an
assigned land to establish chemical industry. Therefore, the learned Additional
Advocate General would contend that subsequent transfers or alienations are
null and void. That apart, the Government has not transferred title in favour of
assignee. It is only an assignment on condition that subject land assigned
must be utilised for establishing an industry on payment of land value. The
assignee had not paid the land value and further alienated the land without
getting permission from the Government. Therefore, the Government is
empowered to resume the assigned land. Proprietor of the M/s.Sreepathy
Chemicals Mr.T.K.Seethapathy filed a writ petition in W.P.No.8445 of 2006 and
this Court directed the authorities to consider his representation. Even
subsequently, subject land was alienated by the assignee.
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
5. Annai J.J.Nagar Kudiyiruppor Nalavazhvu Sangam/sixth respondent
in the present appeal filed W.P.No.24160 of 2012 seeking a direction to the
District Collector, Thiruvallur (presently the property is falling within the
territorial jurisdiction of Greater Chennai Corporation) to conduct enquiry in
respect of the assigned land in favour of M/s.Sreepathy Chemicals and for
further direction to allot the subject land in favour of the members of the
Sangam. The writ Court elaborately adjudicated the issues raised between the
parties and disposed of the writ petition directing the Commissioner of Land
Administration to initiate suo motu enquiry and pass appropriate orders on
merits and in accordance with law.
6. In respect of the said order, learned counsel for the appellant would
contend that suo motu enquiry cannot be conducted beyond a period of three
years.
7. In reply, learned Additional Advocate General would submit that fraud
would vitiate the entire proceedings and more so, suo motu enquiry has been
initiated pursuant to the orders of the writ Court, which became final. Further,
there is no impediment or time line for initiation of action in respect of the
conditional assignment of the Government land. Once violation of conditions is
brought to the notice of the competent authorities, they are empowered to
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initiate action. In the present case, the sixth respondent filed a writ petition and
the writ Court directed the Commissioner of Land Administration to initiate suo
motu enquiry and decide the issues. Thus, there is no impediment for the
Commissioner to conduct an enquiry.
8. The Commissioner of Land Administration elaborately conducted an
enquiry by affording opportunity to all the parties. Enquiry was conducted on
various dates. Parties appeared and defended their case. The findings of the
Commissioner are categorical on the original assignment granted in the year
1967 by the Government and violation of conditions committed by original
assignee. After complete adjudication, the Commissioner of Land
Administration passed an order stating that violation of conditional assignment
has been established. Therefore, the Government is empowered to resume
subject land. In paragraph 5 of the said order, the District Collector, Chennai is
directed to formulate necessary land alienation proposal and send it to the
Government through office of the Commissioner of Land Administration.
However, it is an administrative decision to be taken by the competent
authorities either to utilise the resumed Government land for public purposes
or to re-assign the land in the manner known to law. More so, it is a policy
decision to be taken by the Government.
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
9. As far as the impugned writ order is concerned, learned single Judge
has considered the fact and formed an opinion that the writ petitioner's vendor
has no better title to convey the property in the year 2007. Admittedly, the
conditions imposed in the assignment order had been violated by the original
assignee viz., M/s.Sreepathy Chemicals. Therefore, all further transfers or
alienations became null and void and any subsequent purchasers may initiate
appropriate action against their vendors in the manner known to law. In other
words, the remedy to subsequent purchaser would lie against their vendors
and not against the Government.
10. Learned counsel for the appellant would rely on the judgment of the
Division Bench of this Court in T.Tirumalai Gounder and another Vs. The
State of Tamil Nadu and Others reported in 2010-5 L.W. 289. The facts of
the present case are distinguishable and in the present case, the question of
issuance of patta under The Tamil Nadu Patta Pass Book Act, 1983 (Tamil
Nadu Act 4 of 1986) would not arise at all. It is an assignment granted by the
Government for establishing a chemical industry. Therefore, the said judgment
is of no avail to the appellant.
11. In the case of Rita Premchand and Another Vs. State of
Maharashtra reported in 2001 (4) MHLJ 671, it is held that there is no dispute
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
about proposition that the entries in the revenue records are not dispositive or
conclusive on questions of title and that the revenue records cannot create any
title and or relevant only for fiscal purposes. The proposition is not disputed
nor can be disputed. The said position has been affirmed by the Apex Court in
Narasamma and Others Vs. State of Karnataka and Others reported in
(2009) 5 SCC 591.
12. Learned counsel for the sixth respondent would submit that
encroachers were evicted and the Government lands are resumed by the
Government. It is needless to state that the Government under the welfare
scheme can provide accommodation to the landless poor people through Tamil
Nadu Urban Habitat Development Board. In this regard, such landless poor
persons have to submit application before the Board for consideration. As far
as subject land is concerned, it is made clear that original assignee violated
the assignment conditions and that apart, alienated the land in favour of third
parties and therefore, the Government is empowered to cancel the
assignment, resume the land and utilise the same for public purposes or
otherwise.
13. In view of the above facts and circumstances, there is no infirmity in
respect of the impugned writ order. The official respondents are directed to
resume the Government land without any further delay.
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
14. With the above observations, the writ appeal stands dismissed.
Consequently, connected miscellaneous petition is closed. There shall be no
order as to costs.
15. In view of the order passed in W.A.No.1245 of 2024, the writ petition
in W.P.No.13270 of 2024 is also dismissed. Consequently, connected
miscellaneous petition is closed. There shall be no order as to costs.
[S.M.S, J.] [M.S.Q, J.]
15.10.2025
Index:Yes
Neutral Citation:Yes
mmi
To
1.The Commissioner of Land Administration,
Ezhilagam, Kamarajar Promenade,
PWD Estate, Chepauk, Chennai – 600 005.
2.The District Collector,
Chennai.
3.The District Revenue Officer,
Chennai.
4.The Revenue Divisional Officer,
Chennai North.
5.The Tahsildar,
Madavaram Taluk, Chennai.
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W.A. No.1245 of 2024 and W.P.No.13270 of 2024
S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
mmi
W.A. No.1245 of 2024 and W.P.No.13270 of 2024
15.10.2025
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