Disposed¶44

Vikas Seva Trust v. the District Collector

Madras HC6 Apr 2026WP/13139/2026

Case brief

AI extract

What is this about?

OSR land; open space reservation; re-conveyance of gifted OSR land; G.O. Ms.No.161 Housing Development Department dated 26.06.2013; mandamus to consider representation dated 08.10.2024; four-month time limit for final orders; interim restraint on demolition of compound wall; Odai water; educational institution trust; Tiruppur; Sarkar Periyapalayam Panchayat Union; W.P.(MD) No.6331 of 2015 dated 28.10.2025; Article 226; disposal without opinion on merits; Abdul Quddhose, J.

What did the court decide?

Writ petition disposed of with directions: respondents 1 and 2 to pass final orders on merits and in accordance with law on the petitioner's representation dated 08.10.2024 within four months; respondents not to demolish the petitioner's compound wall till final orders are passed; no costs; connected miscellaneous petitions closed. ¶44

Vikas Seva Trust Vs the District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are to be directed to consider the petitioner's representation dated 08.10.2024 seeking handover/re-conveyance of the OSR land gifted to the third respondent, in accordance with G.O. Ms.No.161, Housing Development Department, dated 26.06.2013. +1 more

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Court's answer

Respondents 1 and 2 are directed to pass final orders on merits and in accordance with law on the petitioner's representation dated 08.10.2024, seeking handover of the OSR land as per G.O. Ms.No.161 and the judgment in W.P.(MD) No.6331 of 2015, within four months of receipt of a copy of the order.

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Ratio / Principle

Until final orders are passed by respondents 1 and 2 on the representation dated 08.10.2024, the respondents are directed not to demolish the compound wall put up by the petitioner (subject matter of the proceedings dated 26.12.2025).

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Key takeaways

The Court expressly declined to express any opinion on the merits of the petitioner's representation; the disposal proceeds only by way of directions to consider the representation within a time frame.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose, J.), disposing of Writ Petition No.13139 of 2026 filed under Article 226 of the Constitution of India: Vikas Seva Trust, running an educational institution, sought a Writ of Mandamus directing the respondents to consider its representation dated 08.10.2024 and handover/re-convey the OSR land it had gifted to the third respondent by registered gift deed (executed pursuant to the judgment in W.P.(MD) No.6331 of 2015 dated 28.10.2025), on its claim that under G.O. Ms.No.161, Housing Development Department, dated 26.06.2013 there was no requirement to gift the OSR land; respondents were insisting on demolition of a compound wall the petitioner had built to keep water from an Odai out of its premises (proceedings of the fifth respondent dated 26.12.2025). The Court, without expressing any opinion on the merits of the representation, directed respondents 1 and 2 to pass final orders on merits and in accordance with law within four months of receipt of a copy of the order, and directed that till such final orders the respondents shall not demolish the compound wall. Writ petition disposed of with the above directions; no costs; connected W.M.P.Nos.14397 & 14398 of 2026 closed.

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Writ Petition No.13139 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-04-2026

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CORAM

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THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Writ Petition No.13139 of 2026 and W.M.P.Nos.14397 & 14398 of 2026

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Vikas Seva Trust Represented by its Chairman Mr.A.Ramasamy, Office at Uthukuli Road, Koolipalayam, Vavipalayam, Tirupur - 641 666.

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..Petitioner

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The District Collector, Tiruppur.

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The Member Secretary, Tiruppur Local Planning Authority, (LPA) Kumaran Shopping Complex, First Floor, Near to Railway Station, Tiruppur -641 601.

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The Thasildar, Uthukuzhli Taluk, Tiruppur District.

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The Block Development Officer, Uthukuzhli Taluk, Tiruppur District.

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The Executive Officer and Panchayat Special Officer, Sarkar Periyapalayam Panchayat Union, Uthukuzhli Taluk, Tiruppur District.

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..Respondents

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__________ Page1 of 6

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

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Writ Petition No.13139 of 2026

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Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 08.10.2024 and accordingly, handover the OSR land gifted to the third respondent in accordance with G.O. Ms.No.161, Housing Development Department, dated 26.06.2013 as per the judgment of this Court in W.P.(MD).No.6331 of 2015 dated 28.10.2025.

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For Petitioner : Mr.Dakshayani Reddy, Senior Counsel for Ms.S.Suneetha

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For Respondents : Ms.A.Bakkiyalakshmi Government Advocate

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ORDER

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This writ petition has been filed seeking for a direction to the respondents to handover the OSR land gifted to the third respondent in accordance with G.O.Ms.No.161, Housing Development Department, dated 26.06.2013, as per

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the judgment of this Court in W.P.(MD) No.6331 of 2015 dated 28.10.2025.

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According to the petitioner, which is running an educational institution,

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they had gifted the OSR land inadvertently despite the fact that as per G.O. Ms.No.161, Housing Development Department, dated 26.06.2013, there were no requirement for them to gift the OSR land. The petitioner had put up a compound wall to prevent water from the “Odai” to enter into the premises of the petitioner endangering the lives of the students. According to the petitioner,

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Page2 of 6

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

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Writ Petition No.13139 of 2026

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the respondents are now attempting to demolish the compound wall put up by the petitioner despite the fact that the petitioner had gifted the OSR land to the third respondent by a registered gift deed as per the judgment of this Court dated 28.10.2025 passed in W.P.(MD) No.6331 of 2015. Since the respondents are insisting upon the demolition of the compound wall put up by the petitioner, the petitioner now seeks for re-conveyance of the OSR land gifted by the petitioner to the third respondent in favour of the petitioner. The petitioner had given a representation on 08.10.2024 to the respondents for the aforesaid purpose. Since the same has not been considered till date, the petitioner has filed this writ petition.

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Learned Senior Counsel appearing for the petitioner also drew the attention of this Court to the proceedings of the fifth respondent dated 26.12.2025 calling upon the petitioner to remove the compound wall.

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Ms.A.Bakkiyalakshmi, learned Government Advocate, accepts notice on behalf of the respondents.

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No prejudice would be caused to the respondents if the petitioner’s representation, as stated supra, is considered on merits and in accordance with law within a time frame to be fixed by this Court. This Court is not expressing any opinion on the merits of the petitioner’s representation.

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Page3 of 6

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

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Writ Petition No.13139 of 2026

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Since the petitioner categorically claims that there is no requirement

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for the petitioner to execute a gift deed for the OSR land and inadvertently, had executed the said gift deed, this Court, to protect the interest of the petitioner till a final decision is taken by the respondents on the petitioner’s representation, is of the considered view that the respondents shall not demolish the compound wall put up by the petitioner till a final decision is taken on the petitioner’s representation dated 08.10.2024, which is the subject matter of this writ petition.

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For the foregoing reasons, this Court directs the respondents 1 and 2 to

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pass final orders on merits and in accordance with law on the petitioner’s representation dated 08.10.2024 requesting them to handover the OSR land gifted by the petitioner to the third respondent in accordance with G.O.Ms.No.161, Housing Development Department, dated 26.06.2013, as per the judgment of this Court in W.P.(MD) No.6331 of 2015 dated 28.10.2025 within a period of four (4) months from the date of receipt of a copy of this order. Till final orders are passed by the respondents 1 and 2, the respondents are directed not to demolish the compound wall put up by the petitioner, which is the subject matter of the proceedings dated 26.12.2025.

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__________ Page4 of 6

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

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Writ Petition No.13139 of 2026

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This writ petition is disposed of with the above directions. No costs.

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Consequently, connected miscellaneous petitions are closed.

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06-04-2026