M.Chinnakesavan v. The Principal Secretary / Commissioner Of Land Reforms
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.34924 of 2024 Mr.M.Chinnakesavan : Petitioner Vs.
1.The Principal Secretary/Commissioner of Land Reforms, Tamil Nadu Boomidhana Board, Ezhilagam, Chepauk, Chepauk, Chennai-05.
2.The District Collector, Dharmapuri District, Dharmapuri -05.
3.The District Revenue Officer, Dharmapuri District, Dharmapuri-05.
4.The Revenue Divisional Officer, Dharmapuri, 1/6
5.The Tahsildar, Kariyamangalam, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, forbear the respondents and their men, agents, subordinates from in any manner interfering with the petitioner's peaceful possession, enjoyment and occupation of the land comprised in Survey No.48/1 measuring an extent of 0.80 cents out of 0.63.00 hector, classified as Boomi Thana Board land, and further to direct the respondents to consider the representation dated 02.08.2025 made by the petitioner, either for allotment or sale of said land in favour of the petitioner at the rate fixed by the respondents. For Petitioner :
Mr.P.Ganesan For Respondent :
Mr.A.Selvendran Special 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 to forbear the respondents and their men, agents, subordinates from in any manner interfering with the petitioner's peaceful possession, enjoyment and occupation of the land comprised in Survey No.48/1 measuring an extent of 0.80 cents out of 0.63.00 hector, situated at Molappanahalli Village, Palacode Taluk classified as Boomi Thana Board land, and further to direct the respondents to consider the representation dated 02.08.2025 made by the petitioner, either for allotment or sale 2/6
of said land in favour of the petitioner at the rate fixed by the respondents.
3. At the outset, it is submitted by the learned Special Government Pleader for respondents that the request made in the representation dated 02.08.2025 cannot be acceded to inasmuch as Boomi Thana Land cannot be subject matter of any sale nor allotment. In any view, it was submitted that the representation dated 02.08.2025, would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The respondents shall consider the representation dated 02.08.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any. ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and 3/6
law set out in the representation and pass appropriate order in accordance with law.
iii) The petitioner's representation dated 02.08.2025 shall be disposed of within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. iv) 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. Rights and contentions of the petitioner and all other interested parties are left open.
5. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 22.08.2025 Speaking (or) Non Speaking Order mrn To 1.The Principal Secretary/Commissioner 4/6
of Land Reforms, Tamil Nadu Boomidhana Board, Ezhilagam, Chepauk, Chepauk, Chennai-05.
2.The District Collector, Dharmapuri District, Dharmapuri -05.
3.The District Revenue Officer, Dharmapuri District, Dharmapuri-05.
4.The Revenue Divisional Officer, Dharmapuri, 5.The Tahsildar, Kariyamangalam, Dharmapuri District MOHAMMED SHAFFIQ, J.
5/6
(mrn) 22.08.2025 6/6