Madras HC Rejects Farmer’s Bid To Quash Neighbours’ Housing-Plot NOC, Citing Records Classifying Both Lands As ‘Tharisu’

The petitioner, owner of agricultural land in Survey No. 862/3A1, Sathankulam Village, challenged a No Objection Certificate (NOC) issued by the third respondent for land in Survey No. 862/3B2, purchased by respondents 7 and 8, and a subsequent confirmation communication.

He alleged that the neighbouring land was fertile agricultural land being converted into housing plots, and that irrigation pipelines serving his land ran beneath it.

The official respondents disputed the petitioner’s Adangal and submitted that both properties were classified as “Tharisu” (waste land) in the revenue records.

They also denied the existence of the alleged pipelines beneath respondents 7 and 8’s land.

The petitioner sought certiorari under Article 226 to quash the NOC and subsequent communication.

The Court considered its discretionary jurisdiction under Article 226 of the Constitution, invoked in the petition’s prayer for certiorari.

The decision reflects the principle that discretionary relief is not warranted where the material before the Court does not substantiate the petitioner’s challenge.

The Court relied on the NOC’s recorded finding that the land had not been used for agriculture for more than three years and was in the nature of waste land; it considered that finding consistent with the revenue records classifying both the petitioner’s land and respondents 7 and 8’s land as “Tharisu”.

The official respondents also denied that the petitioner’s irrigation pipelines ran beneath the disputed land, and the Court noted that the petitioner’s own land carried the same “Tharisu” classification.

In those circumstances, the Court found no basis to grant discretionary relief.

There was no order as to costs, and the connected miscellaneous petitions were closed.