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N.Narayanan v. the District Collector

Madras HC9 Apr 2025WP/11729/2025

Case brief

AI extract

What is this about?

Madras High Court, single Judge (N. Anand Venkatesh J.), WP No. 11729 of 2025, disposed 09-04-2025. Keywords: writ of mandamus; Article 226; change of land use; agricultural to non-agricultural purpose; Tamil Nadu Change of Land Use (From Agricultural to Non-Agricultural Purpose in Non Planning Areas) Rules, 2017; representation dated 15.09.2023; Eanathur village; Kancheepuram; Revenue Divisional Officer; Thasildhar; patta land S.Nos. 285/2, 285/3, 285/4, 286/1A; no costs; speaking order notation ssr.

What did the court decide?

No mandamus granted; the writ petition was disposed of with a clarification that the petitioner must apply under the Tamil Nadu Change of Land Use (From Agricultural to Non-Agricultural Purpose in Non Planning Areas) Rules, 2017 before the concerned authority. No costs. ¶34

N.Narayanan Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct the 2nd respondent to consider the petitioner's representation dated 15.09.2023 seeking permission to use his agricultural land in Eanathur village, Kancheepuram district, for non-agricultural purposes.

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Court's answer

A petitioner who wants to use agricultural land for a non-agricultural purpose must make the necessary application under the Tamil Nadu Change of Land Use (From Agricultural to Non-Agricultural Purpose in Non Planning Areas) Rules, 2017 before the concerned authority and get the permission; such permission has to be given by the concerned authority as per the procedure contemplated under the Rules.

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Ratio / Principle

There is no scope for the respondents to deal with the representation made by the petitioner seeking such permission; hence no mandamus directing consideration of the representation could issue.

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Detailed headnote1 paragraphs

Writ of mandamus under Article 226 of the Constitution of India (WP No. 11729 of 2025, decided 09-04-2025) by which N.Narayanan sought a direction to the Revenue Divisional Officer, Kancheepuram to consider his representation dated 15.09.2023 for using agricultural land at No.97, Eanathur village, Kancheepuram district (S.No. 285/2 - 0.07 1/2 cents, 285/3 - 0.15 cents, 285/4 - 0.25 cents, 286/1A - 0.25 cents, totally acre 0.72 1/2 cents) for non-agricultural purposes. Held: conversion of agricultural land to non-agricultural use must be sought by application under the Tamil Nadu Change of Land Use (From Agricultural to Non-Agricultural Purpose in Non Planning Areas) Rules, 2017 before the concerned authority, and there is no scope for the respondents to deal with the representation. Except for this clarity, no further orders were passed; the writ petition was disposed of. No costs.

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WP No. 11729 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 11729 of 2025

N.Narayanan

Petitioner(s)

The District Collector Kancheepuram, Kancheepuram District.

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2.The Revenue Divisional Officer Kancheepuram, Kancheepuram District.

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3.The Thasildhar Kancheepuram.

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4.The Executive Engineer Twad Board, Kezhpalaru, Kancheepuram.

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5.The Joint Director Rural Development, Kancheepuram

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6.The Block Development Officer Wallajabad, Kancheepuram

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Respondent(s)

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https://www.mhc.tn.gov.in/judis

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2/5 WP No. 11729 of 2025

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PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the representation dated 15.09.2023 given by the petitioner for using the land as non- agriculture purpose pertains to the land situated at No.97, Eanathur village, Kancheepuram district Comprised in S.No. 285/2-Acre 0.07 1/2 cents, 285/3 - Acre 0.15 cents, 285/4- 0.25 cents, 286/1A- 0.25 cents, totally acre 0.72 1/2 cents within a time frame fixed by this court.

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For Petitioner(s): Mr.R.Bhagawat Krishna

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For Respondent(s): Mr.P.Sathish Additional Government Pleader

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ORDER

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This writ petition has been filed for issue of writ of mandamus directing

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the 2nd respondent to consider the representation made by the petitioner on

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15.09.2023, wherein, the petitioner is seeking for using the land for non-

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agricultural purposes.

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2.Heard Mr.R.Bhagawat Krishna, learned counsel appearing on behalf of

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the petitioner and Mr.P.Sathish, learned Additional Government Pleader

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appearing on behalf of the respondents.

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https://www.mhc.tn.gov.in/judis

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3/5 WP No. 11729 of 2025

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3.In the considered view of this Court, if the petitioner wants to use the agricultural land for non-agricultural purpose, the petitioner has to make the necessary application under the Tamil Nadu Change of Land Use (From Agricultural to Non-Agricultural Purpose in Non Planning Areas) Rules, 2017 before the concerned authority and get the permission. There is no scope for the respondents to deal with the representation made by the petitioner in this regard. Such permission has to be given by the concerned authority as per the procedure contemplated under the Rules.

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4.Except giving this clarity, no further orders can be passed in this writ petition and accordingly, this writ petition is disposed of in the above terms. No Costs.

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09-04-2025

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(1/3)

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr

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https://www.mhc.tn.gov.in/judis

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WP No. 11729 of 2025