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2025 DAILYLAW 119978 (MAD)

Janakiraman v. The District Collector

WP(MD)/3189/2025 · 2025-06-24

A D Maria Clete, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.3189 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025 CORAM: THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.3189 of 2025 Janakiraman ... Petitioner Vs. 1.The District Collector, Karur District, Karur. 2.The Revenue Divisional Officer / Monitoring Committee, Kulithalai Taluk, Karur District. 3.The Tahsildar, Taluk Office, Kulithalai Taluk, Karur District. 4.Amutha ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to complete his enquiry proceedings of Na.Ka.A6/1813/2024, dated 14.10.2024 initiated on the basis of the petitioner's representation dated 07.10.2024 for cancelling the land allotment dated 04.07.2017 issued in the name of the 4th respondent by the 3rd respondent for 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3189 of 2025 the natham bearing old Survey No.39-New Town Survey No.15, with an extent of 3.22 ares, situated at Kulithalai, Kulithalai Taluk, Karur District and remove the encroachment made by the 4th respondent therein. For Petitioner : Mr.R.Murugappan For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the 2nd respondent to complete the enquiry proceedings initiated in proceedings dated 14.10.2024, on the basis of the petitioner's representation dated 07.10.2024. 2.The subject property is classified as Sarkar Poramboke Natham lands. Such natham lands are to be assigned only to landless poor people for construction of residential hosues. While granting assignment on natham lands, terms and conditions stipulated under RSO 21 are to be followed scrupulously by the authorities competent. This being the concept of natham lands to be utilized and regulated by the Government, indiscriminate allotment of natham lands by the Government without reference to RSO 21 is null and void and in violation of the 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3189 of 2025 principles. That apart, natham lands cannot be utilized for commercial purposes. Once such lands are utilized for commercial purposes, the revenue authorities are bound to cancel the assignment and resume the lands and re-allot the same to the landless poor people or utilize the same for public purposes as contemplated under RSO 21. 3.The legal principles on grama natham lands, its origin, history and procedures to be followed are elaborately considered by the Division Bench of this Court in the case of Tahsildar, Sankarapuram, Kallakurichi District vs. T.Elumalai and others in W.A.No.1014 of 2025, dated 03.06.2025. The revenue authorities are bound to follow the principles laid down in the said judgment for initiation of all appropriate actions and illegal assignment of natham lands are to be cancelled and the lands are to be resumed and to be utilized for public purposes. 4.In the present case, the official respondents made a submission that entries are made in favour of the 4th respondent. They themselves would reiterate that the entries made are not in consonance with the terms and conditions stipulated under RSO 21. Therefore, the assignment per se seems to be illegal and an extraneous consideration. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3189 of 2025 5.The officials, who have dealt with the Government properties illegally or in violation of RSO or the rules, are liable to be prosecuted or subjected to departmental disciplinary proceedings. It is the duty of the revenue authorities and other departmental authorities to ensure that the Government properties are protected and utilized for public purposes and natham lands are assigned to the landless poor people to the extent as stipulated under RSO 21. Any violations in this regard are to be viewed seriously. 6.In the present case, serious violation is raised by the petitioner, which is not disputed by the official respondents. That being the case, the directives issued by the Division Bench of this Court in the judgment stated supra have to be followed scrupulously and all necessary actions are directed to be initiated to cancel illegal assignment and to resume such lands and utilize the same for public purposes, considering the fact that the market value of the lands in that locality is sky-rocketing and the Government requires such important lands for public purposes. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3189 of 2025 7.With the above direction, this Writ Petition is allowed. No costs. (S.M.S., J.) & (A.D.M.C., J.) 24.06.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Karur District, Karur. 2.The Revenue Divisional Officer / Monitoring Committee, Kulithalai Taluk, Karur District. 3.The Tahsildar, Taluk Office, Kulithalai Taluk, Karur District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.3189 of 2025 S.M.SUBRAMANIAM, J. AND DR.A.D.MARIA CLETE, J. Yuva W.P.(MD)No.3189 of 2025 24.06.2025 6/6 https://www.mhc.tn.gov.in/judis