Chennimalai Town Panchayat v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025 CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .19962 of 2025 Chennimalai Town Panchayat Represented by its' Chairman Sredevi Ashok, Office of the Chennimalai Town Panchayat, No. 58/1, Appachi Chettiar Street, Chennimalai-638051, Erode District.
... Petitioner Vs.
1.The District Collector, Erode District, Office of the District Collector, Erode, Erode District.
2.The District Revenue Officer, Office of the District Revenue Office, Erode, Erode District.
..Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 2 nd respondent herein to consider and pass orders on the representation submitted by the petitioner on 17.01.2025, within time frame fixed by this Court. Page No.1 of 6
For Petitioner : Mr.S.Lakshmanasamy For Respondents : Mrs. C.Meera Arumugam,AGP
O R D E R
Seeking directions to the respondents to reclassify the subject land as Daily market, which has been mentioned as Cemetery in the revenue records by considering the petitioner's representation dated 17.01.2025, the present writ petition is filed.
2. Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice for the respondents.
4. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
5. The petitioner states that the land measuring about 0.14 Cents situated in New Survey No. 192/22 Attavanai Pidariyur Village, Perundurai Taluk, Erode District is under the possession and enjoyment of Chennimalai Town Panchayat. In the said place, daily market is conducted by the Page No.2 of 6
Chennimalai Town Panchayat, where the local farmers sell their produce to the local residents. Based on the resolution passed by the Chennimalai Town Panchayat, in the year 1990 and the order of the District Collector, Erode, the daily market was being managed by the Chennimalai Town Panchayat.
6. While so, the petitioner states that taking advantage of the wrong entries made in the revenue record as 'Mayanam', the Waqf Board and Local Masjid claimed title over the said land and filed civil suits which were dismissed. The Executive Officer of the Chennimalai Town Panchayat, submitted a request on 30.10.2023, to the respondents to reclassify the said land as daily market. Thereafter, the petitioner submitted a detailed representation on 17.01.2025, to the respondents. Since no action was taken, the petitioner filed the present writ petition seeking directions to the respondents to consider the petitioner's representation and pass orders.
7. Though many grounds were raised in support of the writ petition, the learned counsel for the petitioner submitted that it would suffice if, this Court Page No.3 of 6
issues a direction to the 2 nd respondent to consider the petitioner's representation dated 17.01.2025, and pass orders within a time frame fixed by this Court.
8. In view of the above facts and considering the limited relief sought for by the learned counsel for the petitioner, without going into the merits of the case, I direct the 2 nd respondent, to consider the representation submitted by the petitioner on 17.01.2025, for reclassification of the subject land as 'Daily Market', and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks, from the date of receipt of a copy of this order.
9. With the aforesaid direction, this writ petition is disposed of. No costs.
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Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To 1.The District Collector, Erode District, Office of the District Collector, Erode, Erode District.
2.The District Revenue Officer, Office of the District Revenue Office, Erode, Erode District.
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N.MALA,J.
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