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Madras High CourtWP/29806/2023disposed of

S.Sudha v. The District Collector

2023-11-03Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Sudha ... Petitioner versus 1.

The District Collector, Collector Office, Tiruvannamalai District.

2. The District Revenue Officer (D.R.O) Office of the District Collector, Tiruvannamalai District.

3. The Sub-Collector, Office of the Sub-collector, Cheyyar, Tiruvannamalai District.

4. The Tahsildar, Taluk Office, Vandavasi Taluk, Tiruvannamalai District.

5. The Block Development Officer (Village Panchayat) Thellar Union, Vandavasi Taluk, Thiruvannamalai District.

...Respondents

Pg.Nos.1/6

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to convert to classified the Government land at my Thennathur panchayat, Madura Village, Survey No.307/1, based on the block development officer(Village Panchayat), Thellar Union in his proceedings in Na.Ka.No.1525/2020/Panchayat A1 dated 11.08.2022.

For Petitioner :

Mr.T.V.G.Kartheenan For Respondents :

Mr.P.Gurunathan Additional Government Pleader

O R D E R

This writ petition has been filed for a direction to the respondents to convert to classified the Government land at my Thennathur panchayat, Madura Village, Survey No.307/1, based on the block development officer(Village Panchayat), Thellar Union in his proceedings in Na.Ka.No.1525/2020/Panchayat A1 dated 11.08.2022. 2.

The case of the petitioner is that there was a Union primary School at Mullapattu Village, Thennathur Post, Vandavasi Taluk, Thiruvannamalai District, in Survey No.307/1, since 1947. Further, in the year 2022, an Angan Vadi Building and Nutritious centre was constructed Pg.Nos.2/6

in the adjacent land under Mahatma Gandhi National Rural employment Scheme and it is now at the stage of completion. While so, one Mr.Kathiravan made a complaint stating that the School, Angan wadi and nutritious building center has been constructed in the catchment area and requested the authorities to take action. Based on the complaint, the authorities had inspected the property and found that the land in survey No.307/1 is a catchment area and passed an order on 01.08.2022. In reply to the order passed by the 5th respondent, the Head Master of the school submitted a letter dated 08.08.

2022 to the authorities stating that since school has been functioning from 1947 and there was also a thar road in front of the school building, there was no stagnation of water during rainy season and further requested the authorities to change the classification of land. The block development officer(Village Panchayat), Thellar Union in his proceedings in Na.Ka.No.1525/2020/Panchayat A1 dated 11.08.2022 had recommended for change of classification of land. Since no action has been taken by the authorities, the present writ petition has been filed before this Court.

Pg.Nos.3/6

3.

Mr.P.Gurunathan, learned Additional Government Pleader takes notice for respondents submits that the respondents would consider the case of the petitioner and pass appropriate orders in accordance with law. 4.

Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.

5.

Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents 1 and 2 to consider the case of the petitioner after giving notice to the petitioner as well as to the rival claimants, if any and also to the interested parties and pass appropriate orders after following the procedure in the manner known to law.

6.

This writ petition is disposed of with the above directions. No costs.

03.11.2023 Speaking/Non-speaking order Index:Yes/No rka Pg.Nos.4/6

To 1.

The District Collector, Collector Office, Tiruvannamalai District.

2. The District Revenue Officer (D.R.O) Office of the District Collector, Tiruvannamalai District.

3. The Sub-Collector, Office of the Sub-collector, Cheyyar, Tiruvannamalai District.

4. The Tahsildar, Taluk Office, Vandavasi Taluk, Tiruvannamalai District.

5. The Block Development Officer (Village Panchayat) Thellar Union, Vandavasi Taluk, Thiruvannamalai District.

Pg.Nos.5/6

P.VELMURUGAN, J.

rka 03.11.2023 Pg.Nos.6/6