Subbiah C v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P(MD)No.2307 of 2026 C.Subbiah ... Petitioner vs.

1.The Commissioner, Office of the Commissioner of Land Administration, Chennai-600 005.

2.The District Collector, Office of the District Collector, Sivagangai District-630 562.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Office of the Tahsildar, Thirupathur Taluk, Sivagangai District.

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5.The Assistant Director, Office of the District Town and Country Planning, Collectorate, Sivagangai-630 562.

6.A.Muthulakshmi 7.A.Shunmugam 8.Sathyagu Selvam 9.Arogya Mari 10.Sathish 11.Muthu Meenal 12.Uma Maheswari ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to take appropriate action on the basis of petitioner's representation dated 05.08.2023 and 08.01.2026 to redeem the agricultural lands which is being used for conversion of plots, Profitable Industrial and Commercial Purposes as against Government Letter No.36741/Ni.Mu.3-1/97-1 dated 15.07.1997 in Survey No.290 and 299 of Thulavoor Village, Thattatti Panchayat, Thirupathur Taluk, Sivagangai District, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.Ramesh Mahadev For R1 to R5 : Mr.A.Kannan Additional Government Pleader For R6 to R12 : Mr.S.Bageerathan 2/6

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition seeking a direction to the third respondent to take appropriate action based on the petitioner's representations dated 05.08.2023 and 08.01.2026, to resume/redeem the agricultural lands which are allegedly being converted into plots and used for commercial and industrial purposes, in violation of Government Letter No. 36741/Ni.Mu.3-1/97-1 dated 15.07.1997, in respect of lands in Survey Nos. 290 and 299, Thulavoor Village, Thattatti Panchayat, Thirupathur Taluk, Sivagangai District.

2. The main contention of the petitioner is that the lands in Survey Nos. 290 and 299, situated at Thulavoor Village, originally belonged to the Government and were allotted for distribution to landless villagers under a special scheme known as the "Free Land Assignment Scheme." It is alleged that the said lands are now being converted into plots and used for 3/6

commercial and industrial purposes. Hence, the petitioner seeks action against respondents 6 to 12.

3. The learned Additional Government Pleader appearing for respondents 1 to 5, on instructions, submitted that the petitioner himself is a beneficiary under the said scheme and had sold the property assigned to him to one K.T. Kathiresan and K.T. Valliammai under Document No. 4641 of 2004.

4. We have perused the Encumbrance Certificate, which clearly shows that the petitioner has already sold the property assigned in his favour. Despite the same, the petitioner, under the guise of espousing the cause of landless persons, has filed the present Public Interest Litigation. We find that the writ petition is motivated and lacks bona fides. Hence, we do not find any merit in the writ petition, and it is liable to be dismissed. 4/6

5. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.] 24.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes am To 1.The Commissioner, Chennai-600 005.

2.The District Collector, Sivagangai District-630 562.

3.The Revenue Divisional Officer, Devakottai, Sivagangai District.

4.The Tahsildar, Thirupathur Taluk, Sivagangai District.

5.The Assistant Director, Collectorate, Sivagangai-630 562.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 24.03.2026 6/6