E.Manohar v. the District Collector

Madras HC19 Mar 2025WP/20324/2024

Case brief

AI extract

What is this about?

Writ of prohibition; Mayanam/Mayaanam land; Waste land (Tharisu); S.No.123 Sothupakkam Village; Cheyyur Taluk; Chengelpet District; District Collector Chengelpet; reclassification order dated 13.08.2024; communication dated 26.12.2022; transfer to Rural Development and Panchayati Raj Department; BSO 23A(4) panchayat consultation; Article 226 Constitution of India; writ petition disposed of with liberty; no costs; D. Bharatha Chakravarthy, J.; High Court of Judicature at Madras; 19.03.2025.

What did the court decide?

Liberty given to the petitioner to take recourse against the order of reclassification dated 13.08.2024 passed by the District Collector, in the manner known to law; writ petition disposed of with no costs. ¶¶42

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

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W.P.No.20324 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.03.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.20324 of 2024

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and

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W.M.P.Nos.22254 & 35613 of 2024

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E.MANOHAR

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R.JEGADESAN

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KAMALADASS

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... Petitioners

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THE DISTRICT COLLECTOR, CHENGELPET DISTRICT, CHENGELPET.

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THE REVENUE DIVISION OFFICER, MADURANTAKKAM, CHENGELPET.

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THE BLOCK DEVELOPMENT OFFICER, SEETHAMUR BLOCK, CHEYYUR TALUK, CHENGLEPET DISTRICT.

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THE TAHSILDAR, CHEYYUR TALUK OFFICE, CHENGELPET DISTRICT, CHENGELPET.

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K.K.Khader S/o.Kasim Sahib ... Respondents

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[R5 impleaded vide Court order dated 19.03.2025 in W.M.P.No.6861 of 2025 in W.P.No.20324 of 2024 by DBCJ]

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Prayer: Writ Petition filed under Article 226 of Constitution of India for the

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

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W.P.No.20324 of 2024

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issuance of Writ of Prohibition , prohibiting the first respondent from converting, developing or any way using the said Waste land (Tharisu) comprised in S.No.123 situated at Sothupakkam Village, Cheyyur Taluk, Chengelpet District, as Mayanam land for Mayanam purpose.

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For Petitioner : Mr.N.Nagu Sah For R1 to R4 : Mr.R.Murthy Government Advocate For R5 : Mr.N.A.Nissar Ahmed, Senior Counsel assisted by Mr.N.A.Nassir Hussain

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ORDER

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The writ petition is filed for writ of prohibition to prohibit the first respondent from converting, developing or any way using the said Waste land (Tharisu) comprised in S.No.123 situated at Sothupakkam Village, Cheyyur Taluk, Chengelpet District, as Mayanam land for Mayanam purpose.

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When the matter came up for admission, Mr.N.Nagu Sah, the learned Counsel for the petitioner would submit that even a perusal of the communication dated 26.12.2022, it can be seen that the order simply states that the land is transferred to the Rural Development and Panchayati Raj Department and when there is no order making a reclassification of the assessed wasteland as Mayaanam land, the respondents cannot proceed and

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W.P.No.20324 of 2024

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therefore, the writ of prohibition is filed.

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The learned Counsel for the petitioner would submit that as a

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matter of fact for reclassification as per Board standing orders in BSO 23A(4), the concerned panchayat is also to be consulted.

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Per Contra, the learned Senior Counsel appearing on behalf of the 5th respondent would produce the order dated 13.08.2024 passed by the District Collector and a copy of the same is also furnished to the learned counsel for the petitioner.

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Perusal of the same, it can be seen that order has been passed by the District Collector with reference to reclassification. Therefore, when an order has been passed with reference to reclassification, the present writ petition for prohibition cannot be entertained.

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