W.P.No.25449 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.01.2025 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.25449 of 2023 and WMP.No.24839 of 2023 R.Preethi ... Petitioner vs. 1.The District Magistrate cum District Collector, Thiruvannamalai District, Thiruvannamalai – 606 601. 2.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai – 606 601. 3.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai – 606 601. 4.The Secretary to Government, Revenue Department, Fort St.George, Chennai – 600 009. 5.The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai – 600 005. 6.The Deputy General Manager- Retail, Hindustan Petroleum Corporation Limited, Petro Bhavan, No.82, TTK Road, Alwarpet, Chennai – 600 018. ... Respondents 1/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2023 PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, calling for the records relating to the impugned order of the 1st respondent dated 11.07.2023 made in Mu.Mu.C3/61244/2021, quash the same and direct the 1st respondent to issue the NOC in respect of the land comprised in S.No.90/4C, Anthanur Village within the stipulated time. For Petitioner : Mrs.Hema Sampath Senior Advocate for Mr.M.Devaraj For R1 to R5 : Mr.V.Ramesh Government Advocate For R6 : M/s.Mohammed Fayaz Ali Standing Counsel O R D E R This writ petition is filed challenging the order passed by the first respondent to issue the No Objection Certificate to the petitioner for running of petrol bunk in the land situated in S.No.90/4C, Anthanur Village. 2. It is the case of the petitioner that the above said land was assigned in favour of one Periyapayan, under RSO-15, on condition that the land was not to be sold within ten years and even thereafter, the land should 2/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2023 be sold only to persons belonging to same community. The above said land was sold to one D.Kala, who belongs to the same community on 25.05.2005. Thereafter, it was sold by said Kala in favour of one T.Ruban Kumar, who also belongs to the same community. The petitioner entered into a registered lease of the said land with T.Ruban Kumar on 28.11.2018, the petitioner also belongs to the same community. Therefore, there is no violation of the assigned conditions. 3. The petitioner applied for Petroleum Outlet and she was selected in the re-draw as the others failed to pursue their application and the petitioner was given letter of intent on 01.11.2024 for erecting the petroleum outlet in the above mentioned land. The petitioner applied for issue of No Objection Certificate from the first respondent and the same was refused by impugned order on the ground that the above mentioned land was assigned in favour of original assignee for cultivation purpose and therefore, it cannot be used for non-agriculture purpose. 4. The learned Senior Counsel appearing for the petitioner would submit that the prohibition imposed in the order will have force only 3/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2023 for ten years and therefore, any alienation after ten years cannot be a ground to cancel the allocation. The learned Senior Counsel further submitted even as per the assigned condition, the land can be used for non- agricultural purpose. 5. The learned Government Advocate appearing for the respondents relying on the Government letter dated 15.07.1997 submitted that if the assigned land is used of non-agricultural, necessary directions were issued for taking steps to cancel the assignment. Therefore, the first respondent rightly refused to issue No Objection Certificate to the petitioner. 6. It is not in dispute that the land in question was originally assigned to the person belonging to a Scheduled Caste and the petitioner entered into lease agreement with the present owner viz., Ruban Kumar. It is not in dispute that the present owner of the petitioner belongs to the same Caste and one of the condition imposed in the original assignment order reads as follows: nkw;go epyk; rhFgo jtpu ,ju cgnahfj;jpy; ,Ue;jhy;. mjw;F jdpahf epythlif tpjpf;fg;gLk;/ mlkhd njjpapypUe;J 10 tUl';fSf;Fs; nkw;go epyj;ij ve;jtpjkhd ghuhjpdKk; bra;af;TlhJ/ 4/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2023 Therefore, it is clear, there is no prohibition against use of the land for non- agriculture purpose, the only condition is that if the land is used for non-agricultural purpose, the assignee is liable to pay ground rent to the Government as fixed by them. As the condition for use of non-agricultural purpose is payment of ground rent, the first respondent is not justified in refusing No Objection Certificate, on the ground that the land cannot be used for non-agricultural purpose. 7. Accordingly, the impugned order passed by the first respondent is set aside and writ petition stands allowed. The first respondent is directed to consider the request of the petitioner for issuing of No Objection Certificate in the light of the conditions imposed in the original assignment order as extracted above and issue necessary No Objection Certificate within a period of four weeks from the date of receipt of copy of this order, if the petitioner fulfills the other conditions. However, it is open to the authorities concerned to invoke condition in original assignment land and fix ground rent in accordance with law after affording opportunity to the petitioner. No costs. Consequently, connected miscellaneous petition is 5/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2023 closed. 03.01.2025 Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No ub To 1.The District Magistrate cum District Collector, Thiruvannamalai District, Thiruvannamalai – 606 601. 2.The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai – 606 601. 3.The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai – 606 601. 4.The Secretary to Government, Revenue Department, Fort St.George, Chennai – 600 009. 5.The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai – 600 005. 6.The Deputy General Manager- Retail, Hindustan Petroleum Corporation Limited, Petro Bhavan, No.82, TTK Road, Alwarpet, Chennai – 600 018. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.25449 of 2023 S.SOUNTHAR, J. ub W.P.No.25449 of 2023 03.01.2025 7/7 https://www.mhc.tn.gov.in/judis