The Secretary v. M Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN 1.The Secretary, Revenue Department, Secretariat, Chennai-600 009.
2.The Director, Animal Husbandry and Veterinary Service, Nandanam, Chennai-600 035.
3.The District Collector, No.62, Rajaji Salai, Collectorate, Chennai-600 001.
4.The District Collector, Cheyyar-Kanchipuram Road, Gandhi Nagar, Collectorate, Kancheepuram-631 501.
5.The District Collector, Master Plan Complex, NH 205, Collectorate, Tiruvallur-602 001.
6.The District Collector, Tamil Nadu Housing Board, Collectorate, Vellore-632 012.
7.The District Collector, Collectorate, GST Road, Chengalpet-603 001.
Petitioner(s) Vs Raja Respondent(s) Prayer: Petition filed to grant approval for the S.Nos.1 to 5 for proposed conversion of Meikkal/Mandhaiveli Poramboke lands for conversion by giving equal extent of suitable alternative land. For Petitioner(s):
Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader
ORDER
(Order of the Court was made by S.S.Sundar, J.) This petition has been filed by the petitioners seeking to grant approval for the proposed conversion of Meikkal/Mandhaiveli poramboke lands stated in Serial Nos.1 to 5, by giving equal extent of suitable
alternative lands.
2. This Court has earlier passed an order in the writ petition filed in public interest by the respondent holding that the lands classified as Meikkal and Mandhaiveli poramboke cannot be taken up for other uses without obtaining no objection certificate from the Animal Husbandry Department. One of the conditions for giving no objection is that equal extent of suitable alternative land, which would be classified as Meikkal/ Mandhaiveli poramboke should be given so that there will not be any reduction in the lands used for grazing the animals.
3. The Hon'ble Supreme Court in the case of Rameshbhai Virabhai Chaudhari v. The State of Gujarat [Civil Appeal No.5135 of 2021, decided on 06.09.2021], while dealing with the unauthorised encroachment on gauchar land i.e., grazing land, held that the grazing land should be used only for the purpose for which it is permitted and no encroachment on such land is permissible. In view of the said judgment of the Hon'ble Supreme
Court, this Court, while disposing of the writ petition on 02.02.2022 observed that conversion of land cannot be permitted unless equivalent area is identified and earmarked for such purpose. It is by virtue of the order dated 02.02.2022, the present petition has been filed by the petitioners seeking approval/permission to convert the land use on the premise that the petitioners will give alternative lands equivalent to the lands which are sought to be re-classified.
4. In the affidavit filed in support of the petition, the petitioners have given particulars of the lands which are required for other purposes and the proposed conversion by giving equivalent extent of suitable alternative lands. The District Collectors have also recommended the proposal in respect of the lands which are found in Serial Nos.1 to 5.
5. Learned Additional Advocate-General appearing for the petitioners submitted that conversion is in public interest and that alternative lands will certainly suitable for grazing.
6. Having regard to the said submission made by learned Additional Advocate-General and upon perusal of the materials produced by learned Additional Advocate-General, this petition is ordered thereby granting approval for conversion of the lands stated in Serial No.1 to 5, which are originally classified as Meikkal/Mandhaiveli Poramboke lands. However, the approval/permission is subject to the alternative lands being re-classified as Meikkal/Mandhaiveli Poramboke lands and made available only for the purpose of grazing. The suitability of the alternative lands offered by the petitioners for grazing purpose should be assessed by the Animal Husbandry Department. In case alternative lands are not suitable for grazing purpose, the petitioners shall provide suitable lands for the said purpose.
(S.S.SUNDAR, J.) (A.A.NAKKIRAN, J.) 09-04-2025 bbr
To 1.The Secretary, Revenue Department, Secretariat, Chennai-600 009.
2.The Director, Animal Husbandry and Veterinary Service, Nandanam, Chennai-600 035.
3.The District Collector, No.62, Rajaji Salai, Collectorate, Chennai-600 001.
4.The District Collector, Cheyyar-Kanchipuram Road, Gandhi Nagar, Collectorate, Kancheepuram-631 501.
5.The District Collector, Master Plan Complex, NH 205, Collectorate, Tiruvallur-602 001.
6.The District Collector, Tamil Nadu Housing Board, Collectorate, Vellore-632 012.
7.The District Collector, Collectorate, GST Road, Chengalpet-603 001.
S.S.SUNDAR,J.
AND A.A.NAKKIRAN,J.
09.04.2025