S.Ravi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR & W.M.P.No.1469 of 2023 S.Ravi

...Petitioner

Vs.

1.The District Collector The District Collectorate Mayiladuthurai District 2.The Revenue Divisional Officer O/o. The Revenue Divisional Officer Mayiladuthurai Division Mayiladuthurai-609 001 3.The Tahsildar Mayiladuthurai Taluk Mayiladuthurai-609 001 4.The Executive Officer Manalmedu Town Panchayat Manalmedu-609 202 Mayiladuthurai Taluk 5.The Joint Director of Agriculture Integrated Agricultural Expansion Centre Mayiladuthurai District Mayiladuthurai-609 001 ... Respondents

P R A Y E R: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus forbearing the respondents from proceeding with construction activities for constructing the building for the proposed Agricultural Expansion Centre on the land, earmarked as Kalam in the revenue records comprised in Survey No.302/B1 of Manalmedu Revenue Village, Mayiladuthurai Talu & district which is being used as kalam by the petitioner and the other farmers of Manalmedu Town Panchayat, Mayiladuthurai Taluk & District.

For Petitioner : Mr.Raja Sundarraman For Respondents : Mr.K.M.D.Muhilan, AGP

O R D E R

The writ petition is filed to forbear the respondents from proceeding with construction activities for constructing the building for the proposed Agricultural Expansion Centre on the land, earmarked as Kalam in the revenue records comprised in Survey No.302/B1 of Manalmedu Revenue Village, Mayiladuthurai Talu & district which is being used as kalam by the petitioner and the other farmers of Manalmedu Town Panchayat, Mayiladuthurai Taluk & District.

2. It is the contention of the Writ petitioner that that land has been classified as Kalam has been utilized by the farmers who are the owners and lessees of the surrounding lands. When the matter stood thus, the

respondents are trying to put up construction over the said land for the purpose of establishing the agricultural expansion centre. Hence, the Writ Petition.

3. Learned counsel appearing for the petitioner would submit that the construction is infact affecting all the surrounding farmers, since the land itself is used is classified as Kalam.

4. Mr.K.M.D.Muhilan, learned Additional Government Pleader takes notice for the respondents. According to him out of the total extent of land only 3 Ares i.e about 6 cents alone being used for construction of agricultural expansion centre only for the benefit of the farmers. According to him almost 40% of the construction is over and funded by the Government by the tender of the year 2021 for a sum of Rs.38 lakhs. Hence, opposed the Writ Petition.

5. According to the learned Additional Government Pleader, the Writ Petition has been filed only for the personal interest and not for public interest.

6. I have perused the entire records.

7. Though it is stated that the Kalam has been used by the surrounding farmers, the photographs shown by the respondents as on today is otherwise. Be that as it may, around 6 cents alone been used now, the remaining lands is still used as Kalam.

8. In such view of the matter, when the substantial construction has already commenced and the Government has also spent huge amount, such projects cannot be stalled merely for the convenience of the petitioner and others.

9. Accordingly, I do not find any merits in the Writ Petition. Writ Petition is dismissed. No costs. Consequently, Connected Writ Miscellaneous Petition is closed.

19.01.2023 kpr Index:Yes/No Speaking/Non-speaking order

To 1.The District Collector The District Collectorate Mayiladuthurai District 2.The Revenue Divisional Officer O/o. The Revenue Divisional Officer Mayiladuthurai Division Mayiladuthurai-609 001 3.The Tahsildar Mayiladuthurai Taluk Mayiladuthurai-609 001 4.The Executive Officer Manalmedu Town Panchayat Manalmedu-609 202 Mayiladuthurai Taluk 5.The Joint Director of Agriculture Integrated Agricultural Expansion Centre Mayiladuthurai District Mayiladuthurai-609 001

N. SATHISH KUMAR, J.

kpr & W.M.P.No.1469 of 2023 23.01.2023