R.Thirukeshwaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.27637 of 2025 R.Thirukeshwaran ... Petitioner -vs1.The District Collector O/o.The District Collector Pudukkottai District 2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Pudukkottai District 3.The Assistant Director Town Planning Office Kaattupudukulam Opposite to RTO Office Pudukkottai District 4.The District Environmental Engineer Tamilnadu Pollution Control Board SIPCOT, Industrial Complex Thiruvengaivasal, Pudukkottai-622 002

5.The Tahsildar O/o.The Tahsildar Aalangudi Pudukkottai District 6.The Block Development Officer Block Development Office Thiruvarangulam Aalangudi Taluk Pudukkottai District 7.M.Abubucker ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents No.1 to 6 from granting any permission or no objection certificate to the 7th respondent for construction of New Modern Rice Mill in wet lands situated in S.No.262/2, 262/3, 262/4 in Aayipatti Village, Koviloor Revenue Village, Alangudi Taluk, Pudukkottai District and consequently direct the respondents No.1 to 5 to keep the water channel free from any encroachment and construction in S.No.261/1 and ensure free flow of water same within the time frame fixed by this Court. For Petitioner :

Mr.S.Rajasekar for M/s.Roy and Roy Associates For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3, R5 & R6 Mr.G.Prabhu Rajadurai for Mr.M.Mohamed Ibran Saibu for R7

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 3, 5 & 6 and Mr.M.Mohamed Ibran Saibu, learned counsel, takes notice for the seventh respondent.

2. This writ petition is filed alleging that the seventh respondent has started putting up a Modern Rice Mill in the subject land, without obtaining necessary permission from the authorities concerned. To substantiate the said allegation, the petitioner has enclosed certain photographs of the land upon which the alleged Modern Rice Mill is proposed to be constructed.

3. Learned counsel appearing for the seventh respondent submitted that the seventh respondent has only fenced the land with a compound wall and he has given application to the authorities concerned for constructing Modern Rice Mill in the subject land. The said application is yet

to be taken into consideration by the authorities concerned and even before that, the present writ petition has been filed with ulterior motive.

4. Learned Government Pleader appearing for the respondents 1 to 3, 5 & 6 produced a copy of the No Objection Certificate issued by the District Collector, Pudukkottai, before this Court for conversion of the agricultural land into a non-agricultural land.

5. However, the above No Objection Certificate does not mean that the seventh respondent is permitted to put up Modern Rice Mill in the subject land. The seventh respondent has to go a long way and unless and until permission is granted to him to put up Rice Mill, the petitioner has no locus to approach this Court by way of a Public Interest Litigation in anticipation. The photographs produced by the petitioner indicate that only a compound wall has been put up and the land is a barren land and there is no construction of any building on it. The illusory or pre-matured apprehension with which the petitioner has approached this Court is condemned.

6. Accordingly, this writ petition is dismissed with costs of Rs.1,000/- (Rupees one thousand only) payable by the petitioner to the Tamil Nadu State Legal Services Authority, within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

[G.J., J.] [K.K.R.K., J.] 11.12.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note to Office:

Mark a copy of this Order to the Officer In-charge, Tamil Nadu State Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

krk To:

1.The District Collector, O/o.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Pudukkottai District.

3.The Assistant Director, Town Planning Office, Kaattupudukulam, Opposite to RTO Office, Pudukkottai District.

4.The Tahsildar, O/o.The Tahsildar, Aalangudi, Pudukkottai District.

5.The Block Development Officer, Block Development Office, Thiruvarangulam, Aalangudi Taluk, Pudukkottai District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) No.27637 of 2025 11.12.2025