S.K.Nivethatha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025
CORAM:
THE HONOURABLE MRS. JUSTICE N.MALA S.K.Nivethetha .. petitioner vs 1.The District Collector Collector Office, Erode Erode District - 638 011.
2.The Director Town and Country Planning 2nd and 3rd Floors C & E Market Road, Koyambedu Chennai - 600107.
3.The Deputy Director (General) Direct Town and Country Planning Office Chennimalai Road, Erode - 638 011.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents, particularly the 3rd respondent, to consider and dispose of the petitioner's representation dated 06.03.2024 for reclassification of of land bearing RS.No.80/4, 5A and 1/5
6A Muthampalayam Village, Erode taluk and district from agricultural to commercial use, within a time frame as fixed by this Court. For Petitioner : Mr.V.S.Kesavan For Respondents : Mr.V.Manoharan, AGP
O R D E R
This writ petition is filed to direct the respondents, particularly the 3rd respondent, to consider and dispose of the petitioner's representation dated 06.03.2024, for reclassification of of land bearing RS.No.80/4, 5A and 6A Muthampalayam Village, Erode taluk and district, from agricultural to commercial use, within a time frame fixed by this Court.
2. The petitioner is the owner of the property to an extent of 1.20acres, at RS.No.80/4, 5A and 6C of Muthampalayam Village, Erode Taluk and District in Patta Nos.953, 988 and 989. The petitioner let out a portion of the property to the Bharath Petroleum Corporation Ltd for establishing petrol bunk, by entering into a lease agreement with one Hemalatha, for a period of twenty years. Whileso, the respondents on the basis of recommendation made in the year 2009, proposed to classify the subject survey number along with others as "agricultural". The petitioner 2/5
states that due to urbanization and commercial development in and around the subject survey fields, the lands were ideally suited for commercial purposes, such as commercial complex, industries etc. Therefore, the petitioner submitted a representation on 06.03.2024 to the respondents for classification of the lands as commercial. However, the third respondent failed to respond to the petitioner's representation. Hence, the petitioner filed the present writ petition.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record. With consent of both counsels, this writ petition is taken up for final disposal.
4. In view of the aforesaid facts and circumstances and considering that the petitioner's representation dated 06.03.2024, is kept pending for more than one year, I am inclined to direct the 3rd respondent to consider the petitioner's aforesaid representation and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
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5. With the above direction, this writ petition is disposed of. No costs.
24.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The District Collector Collector Office, Erode Erode District - 638 011.
2.The Director Town and Country Planning 2nd and 3rd Floors C & E Market Road, Koyambedu Chennai - 600107.
3.The Deputy Director (General) Direct Town and Country Planning Office Chennimalai Road, Erode - 638 011.
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N. MALA , J.
tsh 24.07.2025 5/5