D.Sethuraman v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY D.Sethuraman ... Petitioner Vs

1. State of Tamil Nadu, Represented by its Secretary, Department of Revenue, Fort St.George, Chennai-9.

2. The District Collector, Sivagangai District, Sivagangai.

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

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

5. The Tahsildar, Tirupathur Taluk, Sivagangai District.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to provide the lands in Survey No. 34/3 to an extent of 1.10.0 hectares in Manakudi Village, Devakottai Taluk, Sivagangai District, for the petitioner as per the Assignment of land to Ex-Servicemen provided in the Revenue Standing Order No.15(3) and 15(13) as per the order of the second respondent in Na.Ka.C3/27443/2011 dated 08.12.2011 sent to the fifth respondent, the fourth respondent's Communication Letter in O.Mu.A3/2832/2013 dated 28.06.2013 sent to the fifth respondent, the second respondent's recommendation letter to the fifth respondent in Na.Ka.C2/21083/2011 dated 12.10.2020, within the period stipulated by this Court.

For Petitioners : Mr.Haja Mohideen.A For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to provide the lands in Survey No. 34/3 to an extent of 1.10.0 hectares in Manakudi Village, Devakottai Taluk, Sivagangai District, who claims eligibility under the ex-servicemen category.

2. The petitioner had already filed a writ petition in W.P.(MD)No.8282 of 2011, where this Court has considered the same issue, and by an order dated 2/5

26.07.211, directed the second respondent to considering the petitioner's claim and pass orders. Further, it has been categorically observed that the petitioner, being an ex-serviceman, cannot claim allotment as a matter of right. Therefore, the earlier writ petition was disposed of. Thereafter, petitioner has now filed the present writ petition with a similar prayer.

3. The fourth respondent has filed a detailed counter. In paragraph No.7, it has been clearly stated that the petitioner as well as his mother are having lands. The scheme for allotment of government land is primarily intended for landless persons, and the grant of such land lies within the discretion of the Government. Since the petitioner and his family members already own land, this Court is not inclined to entertain the present petition.

4. With the above observations, this Writ Petition stands dismissed. There shall be no order as to costs.

04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/5

To:

1. The Secretary, Department of Revenue, Fort St.George, Chennai-9.

2. The District Collector, Sivagangai District, Sivagangai.

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

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

5. The Tahsildar, Tirupathur Taluk, Sivagangai District.

4/5

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 04.07.2025 5/5