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Madras High CourtWP(MD)/15346/2026disposed of

Kamaraj Perumal v. The Commissioner

2026-06-09Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)No.15346 of 2026 and W.M.P.(MD)No.11503 of 2026 Kamaraj Perumal ... 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 Distrcit.

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

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

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6.The Block Development Officer (Village Panchayat), Office of the Block Development Officer, Kallar Union Panchayat, Sivagangai District.

7.The District Registrar, District Registrar Office, Karaikudi, Sivagangai District.

8.The Sub-Registrar, Office of the Sub-Registrar No.2, Karaikudi, Sivagangai District.

9. Panchayat Secretary

10. Muthulakshmi A

11. Shunmugam A 12.Sathyagu Selvam 13.Arogya Mari 14.Sathish 15.Muthu Meenal 16.Uma Maheswari

...Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the official respondents to take appropriate action on the basis of the petitioner's representation dated 09.04.2026 to redempt the Agricultural Lands which is being used for Conversion of Plots, Profitable Industrial and Commercial Purposes as against Govt.Letter No.36741/Ni.Mu.3-1/96-1 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 Respondents : Mr.M.S.Parthiban (R1 to R9) Counsel for State Mr.T.Cibi Chakraborthy (R10 & R16) for M/s.S.Bageerathan 2/7

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) This Writ Petition is filed in the nature of Public Interest Litigation seeking a direction to the official respondents to take action to resume the agricultural lands in Sivagangai District by considering the petitioner's representation dated 09.04.2026. 2.The grievance of the petitioner is that the property in Survey No.290 and 299 at Thulavoor Village, Thattatti Panchayat, Thirupathur Taluk, Sivagangai District are the Government lands which were assigned for distribution to landless villagers under the Free Land Assignment Scheme for agricultural purposes. Now the said agricultural lands are being converted into house plots and being used for other commercial and industrial purposes. Therefore, the petitioner seeks appropriate directions to the official respondents to resume the lands and restore them.

3.It is to be noted that earlier writ petition seeking the very same relief was filed as Public Interest Litigation by the very same learned counsel. This Court, taking note of the fact that the writ 3/7

petitioner therein himself was a beneficiary under the assignment scheme and had subsequently sold the property, held that the writ petition is motivated and lacks bona fide and dismissed the writ petition on 24.03.2026. Later on the very same ground, the present writ petition is filed seeking the very same relief.

4.The above facts clearly indicate that the present Public Interest Litigation is motivated and has been instituted for some other purpose other than genuine public interest. Though it is claimed that the lands have been assigned to landless agriculturists as early as in the year 1999 and lands are now sought to be converted as house plots, a perusal of the Encumbrance Certificate reveals that several transactions have taken place in respect of the said lands from the year 2003 onwards. However, all such earlier transactions have been omitted and only the private respondents herein have been targeted only for the reasons best known to the petitioner.

5.Be that as it may, perusal of the assignment conditions indicate that the assignees are restrained from alienating the property only for a period of ten years from the date of assignment. The materials 4/7

produced before this Court indicate that the private respondents purchased the properties only in the year 2025, long after the expiry of the said period. Therefore, the petitioner cannot as a matter of right seek a direction for resumption of the lands.

6.At this juncture, the learned Government Advocate submitted that the Revenue Divisional Officer has already issued notices and initiated proceedings in the matter. In such circumstances, it is appropriate that the Revenue Divisional Officer proceeds with the enquiry and passes appropriate orders in accordance with law, after affording sufficient opportunity of hearing to all concerned parties. 7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[N.S.K., J.] & [M.J.R., J.] 09.06.2026 Index :Yes/No Internet :Yes ta 5/7

To 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 Distrcit.

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

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

6.The Block Development Officer (Village Panchayat), Office of the Block Development Officer, Kallar Union Panchayat, Sivagangai District.

7.The District Registrar, District Registrar Office, Karaikudi, Sivagangai District.

8.The Sub-Registrar, Office of the Sub-Registrar No.2, Karaikudi, Sivagangai District.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta W.P.(MD)No.15346 of 2026 09.06.2026 7/7