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Madras High CourtWP(MD)/26395/2019dismissed

R.Senthil v. The Additional Chief Secretary To Government

2025-07-07Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE R.Senthil ... Petitioner -vs1.The Additional Chief Secretary to Government Revenue Department Secretariat Chennai-600 009 2.The Additional Chief Secretary and Commissioner for Land Administration Ezhilagam Chepauk, Chennai-600 005 3.The District Collector Sivagangai District Sivagangai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent i.e., the Additional Chief Secretary and Commissioner for Land Administration, Chennai, to send proper proposals to the Government for conversion of the land in question in S.No.1 of Kandanipatti Village as Tank for an extent of 15.14.0 Hectare, as Wet land for an extent of 3.83.0 Hectare and as Natham Habitation for an extent of 6.27.5 Hectare based on the proposals sent by the District Collector, Sivagangai even on 15.04.2010 within a specified time frame that may be fixed by this Court and direct the first respondent i.e. the Additional Chief Secretary to Government, Revenue Department, Chennai, to pass final orders by getting the report from the second respondent i.e. the Additional Chief Secretary and Commissioner for Land Administration, Chennai, within a specified time frame fixed by this Court.

For Petitioner :

Mr.S.Visvalingam For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.]

The writ on hand has been instituted seeking a direction to the second respondent i.e., the Additional Chief Secretary and Commissioner for Land Administration, Chennai, to send proper proposals to the Government for conversion of the land in question in S.No.1 of Kandanipatti Village as Tank for an extent of 15.14.0 Hectare, as Wet land for an extent of 3.83.0 Hectare and as Natham Habitation for an extent of 6.27.5 Hectare, based on the proposals sent by the District Collector, Sivagangai, even on 15.04.2010 within a specified time frame that may be fixed by this Court and direct the first respondent i.e. the Additional Chief Secretary to Government, Revenue Department, Chennai, to pass final orders by getting the report from the second respondent i.e. the Additional Chief Secretary and Commissioner for Land Administration, Chennai, within a specified time frame fixed by this Court.

2. Conversion or reclassification of land is to be made at the Government level by conducting an enquiry and assessment. High Court, in exercise of the power of judicial review, cannot direct the authorities to issue orders relating to conversion or reclassification.

3. Learned counsel for the petitioner would submit that proposal is pending before the authority concerned in this regard and therefore, the Government has to take a decision.

4. These are all administrative decisions, which are all to be taken by the Government, and would fall under the realm of the judicial review and thus, the petitioner is at liberty to move the Government for appropriate decision.

5. With the above observation, this writ petition is dismissed. No costs.

[S.M.S., J.] [A.D.M.C., J.] 07.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Additional Chief Secretary to Government, Revenue Department,

Secretariat, Chennai-600 009.

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

3.The District Collector, Sivagangai District, Sivagangai.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 07.07.2025