Madras High Court
Sivakumar vs The State Of Tamil Nadu on 24 February, 2025
W.P.(MD)No.2203 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.2203 of 2025
and
WMP (MD) Nos.1576 & 1577 of 2025
Sivakumar : Petitioner
Vs.
1. The State of Tamil Nadu,
Rep. by its Additional Principal
Secretary Commissioner of Land Reforms,
Chepauk, Chennai - 600005.
2. The Commissioner of Town and Country Planning,
No.807, Anna Salai,
Chennai - 600002.
3. The District Collector,
Dindigul District.
4. The Town and Country Planning,
Rep by Assistant Director,
No.4,Hakeem
Ajmal Khan Road,
Chinnachokkikulam,
Madurai - 625002.
5. The Revenue Divisional Officer,
Office of the Revenue Divisional Office,
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1/8
W.P.(MD)No.2203 of 2025
Kodaikanal,
Dindigul District. : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus to call for the
orders passed in O.Mu.No.2290/2024/A5 dated 16.09.2024 on the file of
the 5th respondent herein and to quash the same as illegal and to further
direct the 5th respondent to grant no objection certificate for the purpose
of construction a building in the property of the petitioner under survey
No.1001 Poombarai Village, Kodaikanal Taluk, Dindigul District.
For Petitioner : Mr.K.R.Laxman
For Respondents : Mr.C.Venkatesh Kumar
Special Government Pleader
ORDER
Challenging the rejection order dated 16.09.2024, passed
by the fifth respondent, rejecting the petitioner's application to form a
layout and obtain a No Objection Certificate, the present writ petition has
been filed .
2. The petitioner’s case is that the subject property, located at
Survey No. 1001, Poombarai Village, Kodaikanal Taluk, Dindigul
District, was originally assigned land, granted by the Government to one
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Papaathi Ammal through its proceedings dated 30.06.1972 under DKT
No. 854-81. Subsequently, the land was sold to various purchasers and
finally, the subject property was sold by M/s. VGP Golden Resorts
International Limited to the petitioner in Document No. 999 of 2007,
with the SRO Kodaikanal Taluk, Dindigul District. The petitioner’s
grievance is that, despite being a bona fide purchaser and the land being
classified as Punja land, he has not been permitted to construct on the
land and the fifth respondent is not issuing the “No Objection
Certificate”. Aggrieved by this, the present writ petition has been filed by
the petitioner.
3. The learned counsel for the petitioner also relied upon a
judgment of the Hon'ble Division Bench of this Court in W.A.(MD) No.
1483 of 2018, dated 01.02.2019, wherein, the Court held as follows:
“8.In the present case, the District Collector has refused
to grant No Objection Certificate not on any other ground or
for violation of regulation or rules applicable to Hill areas but
on the basis of opinion of Commissioner of Land
Administration to the effect as per Government letter dated
15.07.1997, even after completion of 10 years from the date of
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assignment, the assigned lands, if the assigned lands are found
to be utilised for layout purpose, necessary action should be
initiated for cancellation of assignment. In the grounds of
appeal, the Government letter dated 15.07.1997, has been
referred to as a communication to the effect that assignment is
liable to be cancelled for violation of conditions even after 10
years from the date of assignment. The letter dated 15.07.1997
cannot be sustained in view of the categorical pronouncements
of this Court in several precedents. The first appellant has not
acted on his own but treated the respondent's case as special
by seeking opinion from Commissioner of Land Administration
while granting approval/No Objection Certificate in respect of
other cases which are similar. In this case, the assignment was
in 1973 and the alienation was in 2011, after 38 years. Even
as per special condition attached to assignment, there is no
violation. The village was declared as a village fall under Hill
area only in 2003. It is only by virtue of this order, the
approval from Hill Area Conservation Authority is required.
The issue of No Objection Certificate or approval can be
considered in the light of other statutory requirements but
cannot be rejected for alienation after 10 years. This Court
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find no reason to interfere with the decision of the learned
Single Judge.”.
4. Per contra, the learned Special Government Pleader
appearing on behalf of the respondents submitted that since the petitioner
contends that he was not provided an opportunity for a hearing and that
the respondents violated the principles of natural justice, the respondents
request that, if this Court permits, they shall consider the petitioner’s case
on merits and in accordance with law, after providing sufficient
opportunity for hearing.
5. In the light of the above submissions made by both sides
and considering the judgment of this Court dated 01.02.2019, this Court
is of the view that the impugned order suffers from violation of the
principles of natural justice. Therefore, this Court is inclined to set aside
the impugned order.
6. Accordingly, this writ petition is disposed of with the
following directions:
i) The impugned order dated 16.09.2024 is set aside and
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the matter is remanded back to the fifth respondent for fresh
consideration.
ii) The fifth respondent shall pass a fresh order, purely
on merits and in accordance with law, after affording an
opportunity of personal hearing to the petitioner, within a
period of three months from the date of receipt of a copy of this
order.
There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
24.02.2025
Index : Yes / No
Internet : Yes / No
PKN
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To
1. The State of Tamil Nadu,
Rep. by its Additional Principal
Secretary Commissioner of Land Reforms,
Chepauk, Chennai - 600005.
2. The Commissioner of Town and Country Planning,
No.807, Anna Salai,
Chennai - 600002.
3. The District Collector,
Dindigul District.
4. The Town and Country Planning,
Rep by Assistant Director,
No.4,Hakeem
Ajmal Khan Road,
Chinnachokkikulam,
Madurai - 625002.
5. The Revenue Divisional Officer,
Office of the Revenue Divisional Office,
Kodaikanal,
Dindigul District.
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VIVEK KUMAR SINGH, J.
PKN
24.02.2025
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