Suresh Kumar v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P. No.18787 of 2025 in W.P. No.16616 of 2025 1.S.Suresh Kumar 2.S.Saroja 3.R.Suganthi ... Petitioners Vs.
1.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Tamil Nadu Government, Secretariat, Chennai - 600 009.
2.The Additional Chief Secretary cum Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Namakkal District.
4.The District Revenue Officer, Namakkal.
5.The Tahsildar, Rasipuram Taluk, Namakkal District.
... Respondents Page Nos.1/6
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider the representation of the petitioners dated 27.03.2025 seeking approval and to pass appropriate orders to change the alignment of water course shown in Government poramboke land in S.No.32/3 as well as in their patta land in S.No.32/2A1 by realigning the water course to be flown in S.Nos.32/2A1, 32/2A3, 31/8 and 31/5 situate in Puthur Malayalapatti Village, Rasipuram Taluk, Namakkal District as shown in the annexed rough sketch. For Petitioners :
Mr.R.Vivek For Respondents :
Mr.K.Suresh, Government Advocate
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} is predicated on a 'representation dated 27.03.2025' (hereinafter 'said representation' for the sake of convenience and clarity).
2. Mr.R.Vivek, learned counsel on record for writ petitioners adverting to said representation submitted that one Mr.R.Senthilkumar Page Nos.2/6
(S/o.Mr.Ramasamy) had earlier filed a writ petition in this Court being W.P.No.3904 of 2025 inter-alia arraying one of the writ petitioners (Mr.S.Suresh Kumar, S/o. Late M.Subramaniam) as R12, writ petition came to be disposed of by this Court in and by an order dated 10.02.2025, but the writ petitioner is yet to receive any notice from the District Monitoring Committee and that has necessitated said representation. Said representation needs to be considered is learned counsel's say. It is his further say that the District Monitoring Committee may not have jurisdiction to go into the matter raised in said representation. At this juncture, without expressing any view or opinion on the merits of the same, issue notice to official respondents.
3. Mr.K.Suresh, learned Government Advocate accepts notice for all the respondents and submits on instructions that the jurisdictional District Monitoring Committee is in seizin of the matter, notices have been sent to the parties and further submits on instructions that the writ petitioners before us will also be put on notice.
4. Owing to the limited scope of the captioned WP, with the consent of learned counsel on both sides, main WP is taken up in the Admission Board.
Page Nos.3/6
5. As the drill before the District Monitoring Committee includes opportunity being given to all concerned, we are of the view that it will suffice to make it clear that it is open to the writ petitioners to raise the points urged in said representation before the District Monitoring Committee on being put on notice and on drill before the District Monitoring Committee commencing. Though obvious we make it clear that without going into merits of the matter, the sequitur of this is, the District Monitoring Committee should consider the matter on its own merits and in accordance with law and take a call.
6. Captioned main WP is disposed of in the aforesaid manner. Consequently, connected Writ Miscellaneous Petition (WMP) thereat is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (H.C.,J.) 02.06.2025 Index : Yes / No mmi Page Nos.4/6
To 1.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Tamil Nadu Government, Secretariat, Chennai - 600 009.
2.The Additional Chief Secretary cum Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Namakkal District.
4.The District Revenue Officer, Namakkal.
5.The Tahsildar, Rasipuram Taluk, Namakkal District.
Page Nos.5/6
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mmi 02.06.2025 Page Nos.6/6