IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON: 05.09.2024 DELIVERED ON: 04.10.2024 CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR and THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No. 18709 of 2024 and WMP.No.20521 of 2024 Sundaralingam ...Petitioner Vs

1.The State of Tamilnadu, Rep. by its Principal Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai – 600 009.

2.The District Collector, Ariyalur District, Ariyalur.

3.The Revenue Divisional Officer, Ariyalur, Ariyalur District. 4.The Tahsildar, Aandimadam Taluk, Ariyalur District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondents from converting the Mandaiveli Vandi Pathai lands in S.No.35/5, total an extent of 0.64.0 hectares, Aandimadam, Aandimadal Taluk, Ariyalur District for construction of standard Rain Gauges or for any other purpose and consequently direct the respondents to consider objection dated 01.06.2024 to maintain the said land as Mandaiveli Vandi Pathai Land for the usage of villagers.

For Petitioner : Mr.M.R.Elavarasan For Respondents For RR1 to 4 : Mr.K.Karthik Jagannath Government Advocate

O R D E R

(Order of the Court was made by MR.JUSTICE P.B.BALAJI, J.)

This Writ Petition has been filed as a Public Interest Litigation, seeking issuance of a writ of mandamus to forebear the respondents from converting the Mandaiveli Vandi Padhai lands comprised in Survey No.38/5 measuring an extent of 0.64.0 hectares at Andimadam Village and Taluk, Ariyalur District for construction of standard Rain Gauges or for any other purposes and to consequently direct the respondents to consider the petitioner's objection dated 01.06.2024, requesting to maintain the said land as Mandaiveli Vandi Padhai.

2.We have heard Mr.M.R.Elavarasan, learned counsel appearing for the petitioner and Mr.K.Karthik Jagannath, learned Government Advocate appearing for the respondents.

3.The grievance of the writ petitioner is that about more than

500 families are residing in Andimadam Village and Survey No.38/5 to an extent of 0.64.0 hectares has been classified as Mandaiveli Vandi Padhai which is used by the said villagers for public purposes, especially for cattle farming and allied activities and that being the position, the 4^th respondent, namely the Tahsildar, Andimadam Taluk along with the Village Administrate Officer, have taken a decision to place standard Rain Gauges in the above said subject lands. According to the writ petitioner, the respondents have not followed the mandatory procedure, before locating the Rain Gauges in Survey No.38/5 and despite strong objections made by way of a representation dated 01.06.2024, the respondents are going ahead with the work. The learned counsel for the petitioner would therefore pray that the writ petition be allowed, especially in the interest of the entire locality.

4.Per contra, Mr.K.Karthik Jagannath, learned Government Advocate, appearing for the respondents would submit that the writ petition has been filed without ascertaining the true position. According to the learned counsel for the respondents, the lands measuring 64 acres comprised in Survey No.38/5 in Andimadam Village was originally classified as Government poramboke Mandhai and Vandipadhai. However, in the year 2018, the 2^nd respondent, District Collector forwarded a proposal for transfer of land to an extent of 9.30 ares out of the said 64 ares in Survey No.38/5 coming under the administrative control of Animal Husbandry Department in favour of Revenue and Disaster Management Department for construction of Andimadam Tahsildar Quarters, alive to the situation that lands were classified as Mandhai and Vandi Padhai. The required procedures were duly followed and an equal extent of 9.30 ares of alternate land comprised in Survey No.80/1 which had been classified as Tharisu in Vilanthai (North) Village has also been offered in lieu of the proposed Mandhai and Vand