S.Subbaraman, v. The Chief Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)Nos.15995 of 2018, 23566 to 23575, 23606 to 23610, 24696, 24697, 24721 to 24750 of 2016, 667 to 685, 12056, 19073 to 19100 of 2017 W.P.(MD)No.15995 of 2018 S.Subbaraman ... Petitioner 1.The Chief Secretary to Government of Tamilnadu, Secretariat, Chennai-600 009.
2.The Principal Secretary to Government, Public (Special) Department, Secretariat, Chennai-600 009.
...Respondents
Writ of Mandamus, directing the respondents i.e., the Chief Secretary to Government of Tamil Nadu and the Principal Secretary to Government, Public (Special) Department, Chennai to pass appropriate orders on the reference No. 104/37/2017 - AVD-IA Pt.III Ministry of Personnel Training dated 16.02.2018 1/30
received from the Government of India within a specified time frame that may be fixed by this Hon'ble Court.
: Mr.S.Visvalingam For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23566 of 2016 A.Valliammal ... Petitioner 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
..... Respondents Writ of Certiorari, calling for the records of othe 1st respondent in his proceedings in Na.ka.25393/2010/(D-1)-86, quash the order dated 04.08.2016. 2/30
For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23567 of 2016 M.Muniyandi ... Petitioner 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)-110, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, 3/30
W.P.(MD)No.23568 of 2016 M.Muniyasamy ... Petitioner 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)-140, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23569 of 2016 M.Mariammal ... Petitioner 4/30
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)-103, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23570 of 2016 C.Shanmugavel ... Petitioner 5/30
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)-82, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23571 of 2016 A.Murugan ... Petitioner 6/30
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)-112, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23572 of 2016 Muniyandi ... Petitioner 7/30
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)-107, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23573 of 2016 S.Ramu ... Petitioner 8/30
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)-108, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23574 of 2016 V.Muniyandi ... Petitioner 9/30
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 67, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23575 of 2016 Muniyandi ... Petitioner 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
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4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
...Respondents
Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 113, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23606 of 2016 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner 3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District 11/30
4.Pandi .
..Respondents Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 102, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23607 of 2016 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner 3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District
4. Kottaisamy .
..Respondents Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 101, quash the order dated 04.08.2016. 12/30
For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23608 of 2016 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner 3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District
4. Tmt.Anandhammal .
..Respondents Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 87, quash the order dated 04.08.2016.' For Respondents : Mr.P.Thilak Kumar, 13/30
W.P.(MD)No.23609 of 2016 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner 3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District
4. Tmt.Maheswari ..Respondents Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 99, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23610 of 2016 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 14/30
3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner 3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District 4.Umaiyan .
..Respondents Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 139, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23696 of 2016 V.Mariammal ... Petitioner 15/30
3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
..Respondents Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 84, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)No.23697 of 2016 Muniammal ... Petitioner 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
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4.The Tahsildar, Vilathikulam Taluk, Tuticorin District 5.The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
..Respondents Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 96, quash the order dated 04.08.2016. For Respondents : Mr.P.Thilak Kumar, W.P.(MD)Nos.24721 to 24750 of 2016 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner in WP(MD)Nos.
24721 to 24750/2016 17/30
3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District ... Respondents 1 to 3 in WP(MD)Nos.
24721 to 24750/2016 4.Muniyasamy ..4th Respondent in WP(MD)No.24721/16 4.A.Muthukaruppan ..4th Respondent in WP(MD)No.24722/16 4.K.Samadhanam ..4th Respondent in WP(MD)No.24723/16 4.M.Muniyasamy ..4th Respondent in WP(MD)No.24724/16 4.Nainar ..4th Respondent in WP(MD)No.24725/16 4.V.Shanmugam ..4th Respondent in WP(MD)No.24726/16 4.Velammal ..4th Respondent in WP(MD)No.24727/16 4.M.Shanmugam ..4th Respondent in WP(MD)No.24728/16 4.Muniyammal ..4th Respondent in WP(MD)No.24729/16 4.Veeramalluchamy ..4th Respondent in WP(MD)No.24730/16 4.Muniyammal ..4th Respondent in WP(MD)No.24731/16 4.P.Velu ..4th Respondent in WP(MD)No.24732/16 4.M.Sannasi ..4th Respondent in WP(MD)No.24733/16 4.C.Chithan ..4th Respondent in WP(MD)No.24734/16 4.A.Sivanammal ..4th Respondent in WP(MD)No.24735/16 4.Muthupandi ..4th Respondent in WP(MD)No.24736/16 18/30
4.Madurai Karuppasamy ..4th Respondent in WP(MD)No.24737/16
4. Muthukaruppan ..4th Respondent in WP(MD)No.24738/16
4. Madurai Karuppasamy ..4th Respondent in WP(MD)No.24739/16
4. M.Marichamy ..4th Respondent in WP(MD)No.24740/16
4. P.Velammal ..4th Respondent in WP(MD)No.24741/16
4. Muniyammal ..4th Respondent in WP(MD)No.24742/16
4. Vellaiyammal ..4th Respondent in WP(MD)No.24743/16
4. C.Parvathy ..4th Respondent in WP(MD)No.24744/16
4. Madathi ..4th Respondent in WP(MD)No.24745/16 4.Muniyasamy ..4th Respondent in WP(MD)No.24746/16 4.Arumugam ..4th Respondent in WP(MD)No.24747/16 4.Muniyammal ..4th Respondent in WP(MD)No.24748/16 4.Muniyasamy ..4th Respondent in WP(MD)No.24749/16 4.Muniyandi ..4th Respondent in WP(MD)No.24750/16 COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 62, 57, 109, 58, 73, 76, 69, 104, 55, 45, 72, 68, 60, 71, 63, 49, 52, 53, 54, 56, 138, 77, 80, 81, 85, 135, 114, 134, 135 and 136 respectively and quash the order dated 04.08.2016. 19/30
For R1 to R3 : Mr.P.Thilak Kumar, W.P.(MD)Nos.667 to 685 of 2017 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner in WP(MD)Nos.
667 to 685/2017 Office of the District Revenue Officer Tuticorin.
3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District .. Respondents 1 to 3 in WP(MD)Nos.
667 to 685/2017 4.M.Muthiruli ..4th Respondent in WP(MD)No.667/17 4.M.Madasamy ..4th Respondent in WP(MD)No.668/17 4.K.Mottaiyan ..4th Respondent in WP(MD)No.669/17 4.M.Muthiruli ..4th Respondent in WP(MD)No.670/17 4.S.Irulamudaiyan ..4th Respondent in WP(MD)No.671/17 4.C.Karuppi ..4th Respondent in 20/30
WP(MD)No.672/17 4.S.Muniyamma ..4th Respondent in WP(MD)No.673/17 4.E.Parvathy ..4th Respondent in WP(MD)No.674/17 4.M.Murugan ..4th Respondent in WP(MD)No.675/17 4.Rakkiammal ..4th Respondent in WP(MD)No.676/17 4.Periyapratti ..4th Respondent in WP(MD)No.677/17 4.Mottaiyan ..4th Respondent in WP(MD)No.678/17 4.P.Sivalingam ..4th Respondent in WP(MD)No.679/17 4.Senthilvel ..4th Respondent in WP(MD)No.680/17 4.Mariammal ..4th Respondent in WP(MD)No.681/17 4.T.Duraisamy Pannaiyar ..4th Respondent in WP(MD)No.682/17 4.S.Muthusamy ..4th Respondent in WP(MD)No.683/17
4. C.M.Madathi ..4th Respondent in WP(MD)No.684/17 4.M.Kandasamy ..4th Respondent in WP(MD)No.685/17 COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 75, 105, 128, 74, 106, 70, 137, 111, 159, 94, 78, 79, 157, 97, 93, 46, 158, 95 and 156 respectively quash the order dated 04.08.2016.
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For R1 to R3 : Mr.P.Thilak Kumar, (in all Writ Petitions) W.P.(MD)No.12056 of 2017 S.Subbaraman ... Petitioner 1.The Commissioner of Revenue Administration, Disaster Management and Mitigation, Ezhilagam, Chepauk, Chennai - 600 005 2.The Director of Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai-600 016 ..Respondents Writ of Mandamus directiing the first respondent I.e., the Commissioner of Revenue Administration, Disaster Management and Mitigation, Chennai to pass appropriate orders on the petitioner's representation dated 22.03.2017 communicated by the Director of Vigilance and Anti-corruption, Chennai in his letter No.26490/2017/Revenue/Taluk dated 10.04.2017 within a specified time frame that may be fixed by this Court.
: Mr.S.Visvalingam For Respondents : Mr.P.Thilak Kumar, 22/30
W.P.(MD)Nos.19073 to 19100 of 2017 M/s.Theva Erudhayam Aqua Farms, Partnership Firm represented by its Managing Partner, 3/52, Krishanarajapuram, Tuticorin - 628 002 ... Petitioner in WP(MD)Nos.
19073 to 19100/2017 Office of the District Revenue Officer Tuticorin.
3.The Tahsildar, Vilathikulam Taluk, Vilathikulam, Tuticorin District ... Respondents 1 to 3 in WP(MD)Nos.
19073 to 19100/2017 4.A.Kathiravan ..4th Respondent in WP(MD)No.19073/17 4.Veeramallusamy ..4th Respondent in WP(MD)No.19074/17 4.Muniyammal ..4th Respondent in WP(MD)No.19075/17 4.A.Karuppasamy ..4th Respondent in WP(MD)No.19076/17 4.Ananthappan ..4th Respondent in WP(MD)No.19077/17 4.P.M.Muniyasamy ..4th Respondent in WP(MD)No.19078/17 4.M.Paramasivam ..4th Respondent in WP(MD)No.19079/17 23/30
4.A.Muniyasamy ..4th Respondent in WP(MD)No.19080/17 4.T.Mookiah ..4th Respondent in WP(MD)No.19081/17 4.Sivalingam ..4th Respondent in WP(MD)No.19082/17 4.P.M.Kalimuthu ..4th Respondent in WP(MD)No.19083/17 4.M.Mariyammal ..4th Respondent in WP(MD)No.19084/17 4.P.Sentilvel ..4th Respondent in WP(MD)No.19085/17 4.S.Muniyasamy ..4th Respondent in WP(MD)No.19086/17 4.M.Veeran ..4th Respondent in WP(MD)No.19087/17 4.P.Shanmugavadivu ..4th Respondent in WP(MD)No.19088/17 4.M.Xavier ..4th Respondent in WP(MD)No.19089/17
4. S.Shanmugam ..4th Respondent in WP(MD)No.19090/17 4.A.Nagarajan ..4th Respondent in WP(MD)No.19091/17 4.R.Jayaraj ..4th Respondent in WP(MD)No.19092/17 4.Kasi ..4th Respondent in WP(MD)No.19093/17 4.M.Karuppasamy ..4th Respondent in WP(MD)No.19094/17 4.K.Rathinaraj ..4th Respondent in WP(MD)No.19095/17 4.K.Vinayagam ..4th Respondent in WP(MD)No.19096/17 4.K.Gnanamani ..4th Respondent in WP(MD)No.19097/17 4.M.Irudhayasamy ..4th Respondent in 24/30
WP(MD)No.19098/17 4.A.Muthusamy ..4th Respondent in WP(MD)No.19099/17 4.M.Karuppiah ..4th Respondent in WP(MD)No.19100/17 COMMON PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the 1st respondent in his proceedings in Na.Ka.25393/2010/(D-1)- 41, 44,48, 50, 59, 61, 64, 89, 90, 91, 92, 98, 100, 120, 141, 160,161, 162, 163, 164, 165, 166, 167, 168, 169, 170 and 171 respectively quash the order dated 04.08.2016. For R1 to R3 : Mr.P.Thilak Kumar, (in all Writ Petitions) COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) In view of the total ban imposed by the Government of India and the Government of Tamil Nadu, mining operations and other activities in the subject locality have been stopped. Therefore, the assigned lands are to be resumed and used for public purposes. Originally, the lands were assigned to the landless poor 25/30
people, who in turn illegally sold the assigned lands to third parties in violation of the terms and conditions of the assignment issued under the Revenue Standing Order (RSO). Therefore, the competent authorities ought to have initiated action to cancel the assignment and resume the Government land under RSO. On account of possible official collusion, such things have not happened, which resulted in filing of these Writ Petitions.
2.These Writ Petitions have been instituted, since the authorities competent miserably failed to resume the Government lands, despite the fact that the assignees had illegally dealt with the Government lands by selling the same to the industrialists for several industrial and commercial activities. 3.Even grama natham lands are to be utilized only for constructing dwelling houses, which cannot be utilized for commercial purposes, in view of the terms stipulated under RSO 21.
4.Therefore, the authorities competent are bound to follow the Revenue Standing Orders to resume Government lands, utilized for commercial purposes or the assignees have violated the terms and conditions stipulated under RSO 21. As 26/30
far as other assignments are concerned, the correctness of the assignments is to be verified and the violations of terms and conditions are to be looked into and all appropriate actions are to be initiated. Thus, the official respondents are directed to issue suitable instructions to the revenue authorities concerned to scrutinize all the assignments at Thoothukudi, Tirunelveli and Kanyakumari District and initiate appropriate actions to resume the Government lands from the violators and from the persons, who are all illegally in occupation of the Government lands and utilizing the same for any other purposes other than the purpose for which it was assigned under RSO. The said exercise is directed to be completed by the official respondents within a period of four (4) months from the date of receipt of a copy of this order.
5.It is needless to state that the revenue officials, who have committed illegalities, irregularities and corrupt activities in the matter of granting patta under the statutes, rules, are to be subjected to under Disciplinary Proceedings and all other appropriate actions are to be initiated under applicable Disciplinary Rules.
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6.With the above directions, all these Writ Petitions are disposed of. No costs.
(S.M.S., J.) & (A.D.M.C., J.) 16.06.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Chief Secretary to Government of Tamilnadu, Secretariat, Chennai-600 009.
2.The Principal Secretary to Government, Public (Special) Department, Secretariat, Chennai-600 009.
3.The District Collector, 4.The District Revenue Officer, 5.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, Tuticorin District.
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6.The Tahsildar, Vilathikulam Taluk, Tuticorin District The Village Administrative Officer, Vembar - 1, Vilathikulam Taluk, Tuticorin.
7.The Commissioner of Revenue Administration, Disaster Management and Mitigation, Ezhilagam, Chepauk, Chennai - 600 005 8.The Director of Vigilance and Anti-Corruption (DVAC), No.293, M.K.N.Road, Alandur, Chennai-600 016. 29/30
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
Yuva W.P.(MD)Nos.15995 of 2018 etc., batch 16.06.2025 30/30