Dismissed¶25

K.Vinoth Suyambulingam v. The District Collector

Madras HC13 Jun 2025WP(MD)/15952/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench (C.SARAVANAN, J., 13.06.2025), W.P(MD)No.15952 of 2025 — OSR land reallocation; mandamus on pending representation; premature writ petition; unregistered sale agreement; specific performance suit O.S.No.174 of 2023; interim order from civil court required first; petition dismissed with liberty; Rs.5,00,000/- paid under agreement; District Collector and DTCP Madurai respondents.

What did the court decide?

None on the merits; petition dismissed with liberty to submit a similar representation subject to any interim order obtained in O.S.No.174 of 2023; no order as to costs. ¶25

K.Vinoth Suyambulingam Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None on the merits; petition dismissed with liberty to submit a similar representation subject to any interim order obtained in O.S.No.174 of 2023; no order as to costs.

¶25

Issue for consideration

Whether the second respondent should be directed, by way of Mandamus, to consider and dispose of the petitioner's representation dated 04.06.2025 and reallocate the land as per its lawful and original classification rather than treating it as OSR land.

¶11

Court's answer

The question of re-allocation of the land as per its original classification cannot be countenanced at this stage in the absence of Thirunavukkarusu, against whom the petitioner has rightly invoked the civil court's jurisdiction in O.S.No.174 of 2023.

¶20

Ratio / Principle

Without obtaining any interim order from the trial Court before which the petitioner has invoked jurisdiction, the petitioner's request cannot be considered, being premature and without legal basis.

¶24

Key takeaways

The writ petition is dismissed, with liberty to the petitioner to submit a similar representation subject to any interim order obtained in O.S.No.174 of 2023 pending before the learned I Additional District Judge, Madurai; no order as to costs.ratio¶25

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 seeking direction to the Assistant Director, District Town and Country Planning, Madurai to consider the petitioner's representation dated 04.06.2025 and reallocate land as per its original classification, not treating it as OSR land. Held: where the petitioner's claim arises from a breached unregistered sale agreement and is the subject matter of a pending specific performance suit (O.S.No.174 of 2023, I Additional District Judge, Madurai) against the vendor, re-allocation cannot be countenanced in the vendor's absence; without an interim order from the trial court the writ request is premature and without legal basis. Writ petition dismissed with liberty to renew the representation subject to any interim order in the suit; no costs.

¶1

W.P(MD)No.15952 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 13.06.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE C.SARAVANAN

¶6

W.P(MD)No.15952 of 2025

¶7

K.Vinoth Suyambulingam ... Petitioner

¶8

Vs.

¶9

1.The District Collector, Madurai District.

¶10

2.The Assistant Director, District Town and Country Planning, Madurai. ...Respondents

¶11

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider and dispose of the petitioner's representation dated 04.06.2025 and reallocate the said land as per the lawful and original classification and not treat it as OSR within a time frame fixed by this Court.

¶12

For Petitioner : Mr.P.Muthusaravanan

¶13

For Respondents : Mr.D.Ghandiraj Special Government Pleader

¶14

1/4

¶15

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

¶16

W.P(MD)No.15952 of 2025

¶17

ORDER

¶18

This writ petition has been filed for a Mandamus to direct the second respondent to consider and dispose of the petitioner's representation dated 04.06.2025 and reallocate the said land as per the lawful and original classification and not treat it as OSR.

¶19

The admitted position is that the petitioner has filed a suit before the learned I Additional District Judge, Madurai in O.S.No.174 of 2023 against one Thirunavukkarusu for specific performance based on an unregistered sale agreement, dated 18.11.2020. According to the petitioner, the petitioner has paid a sum of Rs.5,00,000/- to the said Thirunavukkarusu, who breached the said agreement and converted the land into OSR land and sold the rest of the lands to the third parties. Therefore, the petitioner has submitted a representation to the respondents requesting to reallocate the said lands as per the original classification of the land and not to treat it as OSR land.

¶20

The question of re-allocation of the land as per the original classification cannot be countenanced at this stage in the absence of the said Thirunavukkarusu, against whom the petitioner has rightly invoked the jurisdiction of the Civil Court in O.S.No.174 of 2023. It is open to the

¶21

2/4

¶22

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

¶23

W.P(MD)No.15952 of 2025

¶24

petitioner to seek appropriate relief from the said Court and thereafter, submit a representation to the respondents to maintain the status quo, if any. Without obtaining any interim order from the trial Court before whom the petitioner has rightly invoked jurisdiction, the request of the petitioner cannot be considered, as it was premature and without any legal basis.

¶25

Therefore, the writ petition is dismissed with liberty to the petitioner to submit a similar representation, subject to any interim order that may be obtained by the petitioner in O.S.No.174 of 2023 pending before the learned I Additional District Judge, Madurai. There shall be no order as to costs.

¶26

13.06.2025

¶27

NCC : Yes / No Index : Yes / No Internet : Yes / No sn

¶28

¶29