Madras High Court

WP/40278/2026 of Balavihar Nursery and Primary School Vs The Commissioner of Land Administration on 4 November 2026

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WP No. 40278 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 40278 of 2026

CNR:{HCMA012362202026}

Balavihar Nursery and Primary School

Represented by its Correspondent, G.Arokiyadoss, No.31/21,Reddiyar Street, Melpattampakkam, Panruti Taluk, Cuddalore District.

..Petitioner

Vs

1. The Commissioner of Land Administration Ezhilagam, Chepuak Chennai-05.

2. The District Collector

Cuddalore District.

3. The District Revenue Officer

Cuddalore District.

4. The Revenue Divisional Officer

Cuddalore District.

5. The Tahsildar

Panruti Taluk

Cuddalore District.

..Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the Respondents 1 to 3

herein to assign the occupied Natham Poramboke land situated in Natham Survey No. 326/2 (old Survey No.196/53), measuring an extent of 0.1625

Sq.Mt., Situated at Reddiyar Street, Melpattampakkam Village, Cuddalore District, in favour of the Petitioner school, in accordance with the applicable Revenue Standing Orders and by duly considering the petitioners representation dated 11.08.2026, within a time frame fixed by this Hon’ble Court.

WP No. 40278 of 2026

For Petitioner:

Mr.P.SATHISHKUMAR

For Respondents:

Mr.M.Sivavarthanan

Special Government Pleader

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ORDER

This Writ Petition has been filed to direct the respondents 1 to 3 to conduct survey and demarcate boundaries of the petitioner’s property.

2. The learned counsel appearing for the petitioner submits that the petitioner is the Correspondent of Balavihar Nursery & Primary School, situated at No. 31/21, Reddiyar Street, Melpattampakkam Village, Panruti Taluk, Cuddalore District. The said institution has been functioning continuously since 1980 on land measuring an extent of 162.5 sq. mt. (or 0.0162.5 Hectares), comprised in Natham Survey No. 326/2 (Old Survey No. 196/53), which has been classified as 'Sarkar Natham Poramboke'. Due to such revenue classification, the petitioner institution faces severe administrative difficulties in obtaining formal approvals, renewals, and building licences. It is submitted that the petitioner school is willing to purchase the said Sarkar Natham Poramboke land from the Government and is ready and willing to pay the market value or amount fixed by respondents 1 to 5 for assigning the land in favour of the school. Consequently, the petitioner submitted a representation dated 11.08.2026 to the respondents. Since the said representation has not been

WP No. 40278 of 2026

considered so far, the petitioner has approached this Court.

3. In reply, learned Special Government Pleader appearing for respondents would submit that the petitioner’s representation dated 11.08.2026 will be disposed of by the respondents and appropriate orders will be passed within a period of six weeks.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent and also perused the materials available on record.

5. In view of the above, this Court, without going into the merits of the matter, directs the respondents 4 and 5 to consider the petitioner’s representation dated 11.08.2026 on its own merits and pass orders by taking into consideration of the Circular of the office of Commissioner of Land Administration, dated 27.08.2024, within a period of six weeks from the date of receipt of a copy of this order, after issuing notice and affording an opportunity of personal hearing to the petitioner.

WP No. 40278 of 2026

6. With the above directions, this writ petition is disposed of. No costs. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To

1. The Commissioner of Land Administration Ezhilagam, Chepuak Chennai-05.

2. The District Collector Cuddalore District.

3. The District Revenue Officer Cuddalore District.

4. The Reveue Divisional Officer Cuddalore District.

5. The Tahsildar Panruti Taluk Cuddalore District.

WP No. 40278 of 2026

KRISHNAN RAMASAMY J. SK WP No. 40278 of 2026 01-10-2026

WP No. 40278 of 2026

W.P.No.40278 of 2026 KRISHNAN RAMASAMY, J. This matter is listed under the caption "For Being Mentioned" at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel for the petitioner would submit that, in the order dated 01.10.2026, the direction issued to the first respondent, namely, the Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai, and the second respondent, namely, the District Collector, Cuddalore District, has been wrongly mentioned in paragraph No.5 as a direction to respondents 4 and 5. He would further seek clarification with regard to the issuance of patta in favour of third parties, particularly in view of the petitioner's claim of possession and enjoyment of the subject property.

3. In view of the above submissions, the typographical error in paragraph No.5 of the order dated 01.10.2026 is rectified by deleting the said paragraph and substituting the same with the following paragraph: "5. In view of the above, this Court, without going into the merits of the matter, directs respondents 1 and 2 to consider the petitioner's representation dated 11.08.2026 on its own merits, taking into consideration the provisions of RSO-24, and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and affording him an opportunity of personal hearing."

WP No. 40278 of 2026

KRISHNAN RAMASAMY, J. r n s

4. With regard to the clarification sought for in respect of the issuance of patta in favour of third parties, this Court has also taken note of the submission that the petitioner is running a school in the subject property and claims to have been in possession and enjoyment of the property for the past 45 years. Therefore, the competent authorities shall consider the petitioner's claim in the light of the provisions of RSO 24. In such circumstances, the petitioner need not have any apprehension, as the authorities are bound to consider the petitioner's claim in accordance with law and issue patta in his favour, if he is otherwise found eligible. It is further clarified that the question of issuance of patta in favour of any third party would not arise without first considering the petitioner's objections, if any, and affording him an opportunity of personal hearing.

5. The above directions and clarifications shall form part of the order dated 01.10.2026.

6. With the above clarification, this matter is disposed of. 02.11.2026 r n s

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