Senguthar Perumakkal Kalvi Valarchi Nala Sangam v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.21553 & 21555 of 2025 Sengunthar Perumakkal Kalvi Valarchi Nala Sangam, Represented by its Secretary, A.Ardhanari Gurusamypalayam, Rasipuram Taluk, Namakkal District.
... Petitioner(s) Vs.
1.The Revenue Divisional Officer, Namakkal.
2.Tahsildhar, Rasipuram, Namakkal.
3.Executive Officer, Pillanallur Village Panchayath, Pillanallur, Rasipuram, Namakkal.
4.4.The District Collector, Namakkal District.
(R4 suo motu impleaded vide order dated 10.06.2025 made in W.P.No.19299 of 2025 by this Court) ... Respondent(s) 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records leading to the issuance of the impugned order passed by the 1st respondent in ep.K.1101/2025 m/6 dated 27.02.2025 and quash the same and further direct the 1st and 2nd respondent to restore the patta in the name of the petitioner.
For Petitioner(s) : Mr.A.Arunbabu For Respondent(s) : Mr.P.Sathish for R1 & R2 Additional Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2.The present writ petition is filed praying for a writ of mandamus challenging the order passed by the 1st respondent in ep.K.1101/2025 m/6 dated 27.02.2025 and to quash the same and further direct the 1st and 2nd respondents to restore the patta in the name of petitioner. 2/6
3.It is submitted by the learned counsel for the petitioner that petitioner is a Sangam registered under the Tamil Nadu Societies Registration Act vide Regn.No.123/2006. The property in S.No.126/1A measuring an extent 0.05.0 ares and S.No.127/1A measuring an extent of 0.16.0 ares at Pillanallur Village, Rasipuram Taluk, Namakkal District was settled in favour of the petitioner vide Settlement Deed in Doc.No.325/1954 dated 02.03.1954 before SRO, Rasipuram. Petitioner sangam is running a school which was originally classified as pathway, and has been classified as Government Poramboke, vide impugned order dated 27.02.2025 4.It is further submitted by the learned counsel for the petitioner that the above mentioned land belonged to the School and used as access/pathway to the School, which according to the petitioner was a private land.
Without putting the petitioner on notice, the 1st respondent passed an order dated 27.02.2025 to the effect that the subject property was classified as Government Promboke Road. It is further submitted that the respondents may not have jurisdiction to reclassify the land, which would only vest with the District Collector, Namakkal.
5.At the outset, it is submitted by the learned Additional Government Pleader for respondents that District Collector, Namakkal District may be impleaded as party and that the matter would be considered and appropriate orders would be passed by the District Collector, Namakkal after affording reasonable opportunity of hearing to the petitioner and any other interested parties. 6.Since District Collector, Namakkal District is not a party to the present proceedings, this Court suo motu impleads District Collector, Namakkal District as 4th respondent.
7.It is open to the District Collector, Namakkal District to issue notice to the petitioner and any other interested parties if he proposes to classify the subject land as Government Poramboke and decide after affording a reasonable opportunity. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.
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8.In view thereof, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 10.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam To 1.The Revenue Divisional Officer, Namakkal.
2.Tahsildhar, Rasipuram, Namakkal.
3.Executive Officer, Pillanallur Village Panchayath, Pillanallur, Rasipuram, Namakkal.
4.The District Collector, Namakkal District.
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MOHAMMED SHAFFIQ, J.
pam 10.06.2025 6/6