Andiyappan, v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE WP(MD). No.1163 of 2025 Andiyappan ... Petitioner Vs
1. The Government of Tamil Nadu, Represented by its Secretary, Department of Revenue, Secretariat, Chennai..
2. The Government of Tamil Nadu,, Represented by its Secretary, Department of Forest, Secretariat, Chennai..
3. The District Collector,, Karur..
4. The Revenue Divisional Officer, Kulithalai, Karur District..
5. The Tasildhar,, Kulithalai, Karur District..
6. The District Forest Officer,, Karur Forest Division, Karur..
... Respondents 1/5
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue writ of Mandamus directing the respondents to convert the Kallangkuthu Purampokku in Kalladai Village S.F.No.745 in Kulithalai Taluk, Karur District as forest lands to ensure the water supply to the irrigation tank in Kalladai Village S.F.No.266 for the welfare of the formers of the village.
For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
2. The writ petition has been filed for a mandamus to direct the respondents to convert the Kallangkuthu Purampokku in Kalladai Village S.F.No.745 in Kulithalai Taluk, Karur District as forest lands to ensure the water supply to the irrigation tank in Kalladai Village S.F.No.266 for the welfare of the formers of the village.
3. The petitioner, in the affidavit filed in support of the writ petition, has admitted that patta has been granted to the lands in S.F.No. 2/5
745 in Kulithalai Taluk, Karur District in favour of one Vadivel S/o.Muthan. Having admitted that the lands in S.No.745 are patta lands, we failed to understand as to how the prayer seeking for issuance of a writ of mandamus for consideration of his representation seeking for conversion of those lands into forest lands could be maintained. Further more, we do not find the present lis to be a public interest litigation. Rather, the grievance of the petitioner seems to be for issuance of patta in favour of an individual. In the background of this observation, we are of the firm view that the petitioner has abused the due process of law. Accordingly, the writ petition stands dismissed with a direction to pay costs of Rs.10,000/- (Rupees ten thousand only) to the High Court Legal Services Authority, on or before 24.01.2025.
4. List the writ petition under the caption, 'for compliance' on 27.01.2025.
[M.S.R.,J] [A.D.M.C.,J] 20.01.2025 NCC : Yes/No Index : Yes/No RR 3/5
To
1. The Secretary, Department of Revenue, Secretariat, Chennai..
2. The Government of Tamil Nadu,, Represented by its Secretary, Department of Forest, Secretariat, Chennai..
3. The District Collector,, Karur..
4. The Revenue Divisional Officer, Kulithalai, Karur District..
5. The Tasildhar,, Kulithalai, Karur District..
6. The District Forest Officer,, Karur Forest Division, Karur..
4/5
M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.1163 of 2025 Date : 20.01.2025 5/5