S.Ponnusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.20123 of 2026 S.Ponnusamy ..Petitioner Vs

1. The District Collector, Collectorate Buildings, Nallipalayam Post, Namakkal Taluk and District, Namakkal-637 003

2. The Regional Deputy Director, Directorate of Town and Country Planning, Salem Region (Covering Namakkal), Salem District-636 005.

3. The District Revenue Officer, Collectorate Buildings, Nallipalayam Post, Namakkal Taluk and District, Namakkal-637 003.

4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Namakkal District Office, Namakkal Town, Namakkal Taluk and District-637 003.

5. The Revenue Divisional Officer, Namakkal Division, Mohanur Road, Namakkal Town, Namakkal Taluk and District-637 001

6. The Tahsildar, Namakkal Taluk, Namakkal District.

7. The Commissioner, Namakkal City Municipal Corporation, 88, Tiruchengode Road, Namakkal Taluk and District-637 001.

8. The Block Development Officer /Panchayat President, Vallipuram Village Panchayat, Namakkal Taluk and District-637 003.

9. The Village Administrative Officer, Vallipuram Village, Namakkal Taluk and District.

10.M.Saravanan ..Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent to conduct an enquiry based on petitioner objections dated 03.10.2025, 07.10.2025 and 08.10.2025 in respect of installation of the proposed ready mix concrete (RMC) plant in survey Nos.117/4A and 117/5A, Vallipuram Village, Namakkal Taluk and District by affording an opportunity of being heard as mandated under the principles of natural justice read with Rule 6 of the Tamil Nadu Change of Land Use (Form Agriculture to Non-Agriculture purposes in Non-Planning Areas) Rules, 2017.

For Petitioner :

Mr.C.Ramaraj For Respondents :

Mr.P.Elayarajkumar, for Government for R1 to R9

ORDER

The present writ petition has been filed for a direction to first respondent to conduct an enquiry based on petitioner's objections dated 03.10.2025, 07.10.2025 and 08.10.2025 in respect of installation of the proposed ready mix concrete (RMC) plant in survey Nos.117/4A and 117/5A, Vallipuram Village, Namakkal Taluk and District by affording an opportunity of being heard as provided under Rule 6 of the Tamil Nadu Change of Land Use (Form Agriculture to Non-Agriculture purposes in Non-Planning Areas) Rules, 2017.

2. Petitioner would submit that he is an agriculturist and one of the residents, who would be affected by the proposed installation of ready mix concrete (RMC) plant comprised in Survey Nos.117/4A and 117/5A, situated at Vallipuram Village, Namakkal Taluk and District. He would submit that the said land is an agricultural land. The conversion to a commercial purpose from agricultural land is in violation of G.O.Ms.No.79 dated 04.05.2017. Petitioner would also submit that his interest would also be adversely affected inasmuch as once the RMC plant are put up that would affect agricultural activities in the adjacent lands including that of petitioner and few others. It is

in such circumstances, petitioner submitted representation/objection dated 03.10.2025, objecting to the proposed installation of ready mix concrete plant. He would submit that since the above representation has not been considered, the present writ petition came to be filed.

3. Learned State Counsel for respondents 1 to 9 would submit that petitioner's representation/objection dated 03.10.2025 would be considered, after issuing notice to the owners of the ready mix concrete plant, more particularly, 10th respondent as well as any other interested persons and pass appropriate orders, in accordance with law, which was agreed to by learned counsel for petitioner.

4. In view thereof, there shall be a direction to first respondent to consider petitioner's representation/objection dated 03.10.2025 on its own merits and pass appropriate orders, in accordance with law, after issuing notice and affording reasonable opportunity of hearing to petitioner, owners of the ready mix concrete plant, more particularly, 10th respondent as well as any other interested persons, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case.

5. Accordingly, writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order MRN To

1. The District Collector, Collectorate Buildings, Nallipalayam Post, Namakkal Taluk and District, Namakkal-637 003.

2. The Regional Deputy Director, Directorate of Town and Country Planning, Salem Region (Covering Namakkal), Salem Dsitrict-636 005.

3. The District Revenue Officer, Collectorate Buildings, Nallipalayam Post, Namakkal Taluk and District, Namakkal-637 003.

4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Namakkal District Office, Namakkal Town, Namakkal Taluk and District-637 003.

5. The Revenue Divisional Officer, Namakkal Division, Mohanur Road, Namakkal Town, Namakkal Taluk and District-637 001

6. The Tahsildar, Namakkal Taluk, Namakkal District.

7. The Comissioner, Namakkal City Municipal Corporation, 88, Tiruchengode Road, Namakkal Taluk and District-637 001.

8. The Block Development Officer / Panchayat President, Vallipuram Village Panchayat, Namakkal taluk and district-637 003.

9. The Village Administrative Officer, Vallipuram Village, Namakkal Taluk and District.

MOHAMMED SHAFFIQ, J.

MRN 02-06-2026