High Court · 2025

W.P.No.35992 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 02.04.2025CORAM:THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASADW.P.No.35992 of 2024and WMP.No.38880 of 2024P.Sivaraman.. petitioner vs1.The District Collector Perambalur District.2.The TahsildarTaluk OfficerVeppanthattai TalukPerambalur District.3. The Land Revenue InspectorVengalam FirkaVeppanthattai TalukPerambalur District4.The Village Administrative OfficerArumbur VillageVeppanthattai TalukPerambalur District5.The PresidentArumbavur Town PanchayatVeppanthattai TalukPerambalur District6.The Executive OfficerArumbavur Town Panchayat1/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024Veppanthattai TalukPerambalur District.… RespondentsPrayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from constructing the Town Panchayat building in “Kalam” comprised in S.Nos.512/2, in Arumbavur is a Town Panchayat at Veppanthattai Taluk in Perambalur District for converting it for any office purpose other than the public utility as thrashing floor.For Petitioner : Mr.T.DharaniFor Respondents: Mr.S.J.Mohamed Sathik, GA for R1 to R4 Mr.S.Prabakaran, GA for R5 & R6O R D E RThis writ petition has been filed to forbearing the respondents from constructing the Town Panchayat building in “Kalam” comprised in S.Nos.512/2, in Arumbavur Town Panchayat at Veppanthattai Taluk in Perambalur District for converting it for any office purpose other than the public utility as thrashing floor.2. The learned counsel for the petitioner submits that the petitioner is an agriculturist and owning agricultural lands, acquired the same by way of 2/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024settlement deed and cultivating the lands till date. The entire Arumbavur village lands were devolved by ryotwari system and there is a thrashing floor for the villagers which are comprised in S.No.512/2 measuring about 2 acres. He would submit that the 3rd respondent classified the lands as Natham land for the purpose of construction of Town Panchayat Board Building. On the strength of the above proceedings, the respondents 3, 5 and 6 and other revenue officials are preventing the village people from using the thrashing floor (kalam). In this regard, the petitioner made a representation, not to build the panchayat building in S.No.512/2 “Kalam” and requested on behalf of the village people to choose an alternative place. The 5th and 6th respondents have no right to convert the communal lands which are in common use and benefit of the villagers. As per Section 132 of the Tamil Nadu Panchayat Act, any communal property within the village panchayat which is declared and classified as such and administered under the control of the panchayat is vest with the village panchayat under Section 134 of the Act.3. The learned counsel for the 6th respondent filed counter affidavit on behalf of the 6th respondent on 06.12.2024. The learned counsel appearing 3/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024for the 2nd respondent filed counter affidavit on 27.02.2025, the relevant paragraph is extracted hereunder :-“6. It is further submitted that the 1 Respondent, has passed the proceedings in Rc E-48176/2023/A2 dated 16.10.2023 by approving the transfer of extent of 0.08.0 hectares(19 cents) of land in Survey No. 512/2, which is sub divided in Survey No.512/5 for the construction of the Arumbavur Town Panchayat office building. The details of the transferred and classified land in Arumbavur Village, Veppanthattai Taluk is described below.S.NoSurvey NoExtent of Land in HectaresClassification1512/20.66.5Kalam2512/50.08.0Arumbavur Town Panchayat OfficeTotal0.74.54. The learned Government Advocate appearing for the respondents 1 to 4 submitted that in the said survey number many buildings are being constructed among them are Tamil Nadu Water Development Board, 4/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024Community hall, Motor pump room and Meteorology department, it is not only the building to be constructed in the said “Kalam”.5. This Court by an order dated 21.03.2025 directed the respondents 1 to 4 to file a detailed additional counter affidavit containing the following affidavits :-“i) When the existing 'kalam' will be demolished for the purpose of constructing the panchayat building and the new 'kalam' will be constructed for the benefit of the villagers at the cost of the Government ii) When the 'kalam' will be constructed and the duration of the period required to construct the same so as to hand it over to the villagers.”6. Pursuant to the aforesaid directions, the first respondent/District Collector filed an affidavit dated 27.03.2025, the relevant paragraph is extracted hereunder :-“9. It is submitted that the total extent of thrashing floor is 0.74.5 hectares in which only 0.08.0 hectares (19 cents) are allotted for the construction of New Town 5/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024Panchayat Office and the remaining extent of 0.66.5 hectares are still kept as Thrashing floor which is more than enough for the Public usage. Moreover, the Arumbavur Town panchayat has passed a consent resolution (No. 382/24. Dated: 29.10.2024) to construct a new thrashing floor. Based on the resolution a report was submitted to the District Collector by the 6th Respondent in Na.Ka.No. 20/2022 dated: 18.11.2024. Considering the necessity of thrashing floor and sufficient space available in the same survey number it will be constructed either by the District Administration or by the local authority after issuing proper administrative sanction by following the usual procedures.”7. In the above paragraph, the first respondent has stated that based on the resolution and report submitted by the first respondent, the 6th respondent in Na.Ka.No.20/2022 dated 18.11.2024 considered the necessity of the thrashing floor and stated sufficient space is available in the same survey number and new Kalam will be constructed either by the District 6/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024Administration or by the local authority after issuing proper administrative sanction by following the usual procedures. But, the period of time required for construction of Kalam has not been mentioned therein. Hence, the first respondent is directed to construct the new thrashing floor (Kalam) for the benefit of the villagers, after the paddy harvest. Since, the existing Kalam used by the villagers has been built, so many years back. The first respondent is hereby directed to construct the new thrashing floor (Kalam) within a period of four months from the date of receipt of a copy of this order. It is also made clear that the respondents 1 to 4 shall proceed with the construction of the Town Panchayat Building.8. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.9. For reporting compliance, post on 05.08.2025.02.04.2025Speaking order / Non-speaking orderIndex: Yes / NoNeutral Citation: Yes / Notsh7/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024To1.The District Collector Perambalur District.2.The TahsildarTaluk OfficerVeppanthattai TalukPerambalur District.3. The Land Revenue InspectorVengalam FirkaVeppanthattai TalukPerambalur District4.The Village Administrative OfficerArumbur VillageVeppanthattai TalukPerambalur District5.The PresidentArumbavur Town PanchayatVeppanthattai TalukPerambalur District6.The Executive OfficerArumbavur Town PanchayatVeppanthattai TalukPerambalur District.8/9 https://www.mhc.tn.gov.in/judis W.P.No.35992 of 2024J. SATHYA NARAYANA PRASAD , J. tshW.P.No.35992 of 202402.04.20259/9