Balavihar Nursery and Primary School vs The Commissioner of Land Administration

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.
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WP No. 40278 of 2026
For Petitioner: Mr.P.SATHISHKUMAR
For Respondents: Mr.M.Sivavarthanan
Special Government Pleader
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
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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.
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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.
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WP No. 40278 of 2026
KRISHNAN RAMASAMY J.
SK
WP No. 40278 of 2026
01-10-2026
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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."
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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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