V.Sathiyaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.30006 of 2024 and WMP.No.32711 of 2024 V.Sathiyaraj ...Petitioner Vs.

1. The District Collector, Collectorate, Kallakurichi - 606 202.

2. The Revenue Divisional Officer, Thirukovilur Taluk, Kallakurichi District.

3. The Tahsildar, Thirukovilur Taluk, Kallakurichi District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to maintain the public land found in Survey No.77/11 of Arumbakkam Village, Thirukovilur Taluk, Kallakurichi District which is classified as "Wasteland" which admeasures to an extent of 0.87 Acres and to avoid allotment of lands to any such individual(s) by considering my representation dated 21.09.2024. 1/5

For Petitioner : Ms.P.Devisai Monica for Mr.V.Achuthanandan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to maintain the public land situated in Survey No.77/11, Arumbakkam Village, Thirukovilur Taluk, Kallakurichi District which is classified as "Wasteland" without allotting the same to any individual(s), by considering his representation dated 21.09.2024.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that he owns agricultural lands in Arumbakkam Village, Thirukovilur Taluk, Kallakurichi District, which is situated on the northern side of the land in S.No.77/11. On the eastern and 2/5

western sides of the land in S.No.77/11, there is a pond and lake and the land in S.No.77/11 is situated in between the agricultural lands of the petitioner and the water body and the same is classified as Wasteland. The respondents have taken steps to issue house patta to the third parties in respect of the land situated in Survey No.77/11. If the Waste land is converted into house site, it will affect the rights of the petitioner and the irrigation of lands. Therefore, the petitioner submitted a representation dated 21.09.2024 requesting the respondents not to convert the waste land into house site for the purpose of allotment to the third parties and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that there is no prohibition for allotment of wasteland to any individual(s). However, he submitted that the representation of the petitioner will be considered on its own merits and appropriate orders will be passed.

5. In view of the limited prayer sought for by the petitioner, this Court, without going into the merits of the claim made by the petitioner, is inclined to 3/5

issue a direction to the second respondent to consider the representation of the petitioner dated 21.09.2024 and pass final orders, after issuing notice to all interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order To

1. The District Collector, Collectorate, Kallakurichi - 606 202.

2. The Revenue Divisional Officer, Thirukovilur Taluk, Kallakurichi District.

3. The Tahsildar, Thirukovilur Taluk, Kallakurichi District.

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S. SOUNTHAR, J.

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