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Madras High CourtWP(MD)/21065/2025disposed of

Sri Balamurugan Salt Company v. The Principal Secretary To Government

2025-08-20Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.21065 of 2025 Sri Balamurugan Salt Company, Rep by its Partner, Mr.P.Balamurugan, S/o.Petchimuthu, No.31. Emperor Street, Thothukudi, ... Petitioner -Vs1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-9.

2. The Additional Chief Secretary And Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

3. The District Collector, Thoothukudi District, Thoothukudi - 628101.

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4. The Revenue Divisional Officer, Kovilpatti,

5. The Tahsildar, Vilathikulam Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to pass an order for granting lease to the petitioner company for salt field in survey number 989, situated at Vaipar-1 Village, Vilathikulam Taluk, Thoothukudi District on the basis of the petitioner's representation dated 17.05.2025.

For Petitioner : Mr.J.Balameenakshi For R1 to R5 : Mr.A.Baskaran Additional Government Pleader

ORDER

The writ petition is filed seeking a direction to the 1st respondent to pass necessary orders for granting lease to the petitioner company for salt field in survey number 989, situated at Vaipar-1 Village, Vilathikulam Taluk, Thoothukudi District by considering the petitioner's representation dated 17.05.2025.

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2. According to the petitioner, the petitioner is engaged in the business of salt production. The petitioner submitted a representation on 17.05.2025 before the 1st respondent, seeking lease of government lands situated in S.No.989 in the above mentioned village for the purpose of establishing salt field. Based on the said representation, the 3rd respondent in his proceedings dated 26.05.2025 in e/f/o/5/3249395/25 instructed the 5th respondent to submit his report. It is further stated by the petitioner that the 5th respondent has issued letter stating that there was no possibility for grant of lease in favour of the petitioner as the said lands are acquired for formation of SIPCOT Industrial Park.

3. The learned counsel appearing for the petitioner submits that the 1st respondent is the competent authority to consider the representation of the petitioner and the request of the petitioner to grant lease cannot be rejected by the 5th respondent.

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4. However, in the case on hand, the 5th respondent submitted a report in his communication dated 20.06.2025 in X/K:/m1/3606/2025, stating that subject lands are already classified as industrial lands for the purpose of allotment to SIPCOT Industrial Park and therefore, the request of the petitioner could not be considered. The petitioner has not challenged the communication of the 5th respondent. However, he seeks direction to the 1st respondent to pass an order on the representation submitted by the petitioner.

5. The final decision regarding the lease of the property cannot be taken by the 5th respondent. Therefore, the 1st respondent is directed to consider the representation of the petitioner dated 17.05.2025 in the light of report submitted by 5th respondent and pass final orders on its own merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner. The petitioner is also entitled to file his objections to 5th respondent's report before the 1st respondent. 4/6

5. The writ petition is disposed of with the above observations. No costs.

20.08.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm To

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-9.

2. The Additional Chief Secretary And Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

3. The District Collector, Thoothukudi District, Thoothukudi - 628101.

4. The Revenue Divisional Officer, Kovilpatti,

5. The Tahsildar, Vilathikulam Taluk, 5/6

S.SOUNTHAR , J.

rgm W.P.(MD).No.21065 of 2025 20.08.2025 6/6