Case Note & Summary
The petitioner, Dr. Ramakrishnan, owned 6.31 acres of agricultural land in Modakkupatti Village, Salem District. He applied for conversion of the land from agriculture to non-agriculture purposes under the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017. The petitioner obtained necessary no-objection certificates from the Tamil Nadu Fire and Rescue Service and the Tamil Nadu Pollution Control Board. However, the first respondent, the President of Manmalai Panchayat Union, did not forward the application as required under Rule 4 of the 2017 Rules. Subsequently, the petitioner filed a writ petition seeking to quash the proceedings of the first respondent dated 25.04.2024 and a direction to forward his application. Neighbouring land owners (impleaded as respondents 6 to 12) opposed the petition, arguing that conversion would harm agricultural activities in the locality and that the petitioner had not secured prior approval from the Panchayat or concurrence from the District Collector and the Director of Town and Country Planning. The government authorities (respondents 3 to 5) cited the procedural requirements under Section 47A of the Tamil Nadu Town and Country Planning Act, 1971, and a relevant Government Order. The High Court of Madras heard arguments from all sides. The judgment text provided does not contain the final reasoned decision or operative directions of the court.
Headnote
A) Land Law - Conversion of Agricultural Land - Rule 4 of Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017 - The petitioner, owner of 6.31 acres, applied for conversion of agricultural land to non-agricultural purposes in a non-planning area. The Panchayat President did not forward the application despite the petitioner obtaining no-objection certificates from Fire and Rescue Services and Pollution Control Board. The writ petition challenged the inaction and sought mandamus for forwarding the application (Paras 2-3). B) Administrative Law - Local Body Approvals - Prior consent from Panchayat and concurrence from District Collector and Director of Town and Country Planning - The impleaded respondents, neighbouring agriculturists, contended that the land conversion would adversely affect agricultural activities in the locality and that the petitioner had failed to obtain prior approval from the Panchayat and concurrence from the District Collector and Director of Town and Country Planning. Reference was also made to procedures under Section 47A of the Tamil Nadu Town and Country Planning Act, 1971, and a Government Order (Paras 4-6).
Issue of Consideration
Whether the proceedings of the Panchayat President dated 25.04.2024 rejecting or not forwarding the petitioner's land use conversion application are sustainable; whether the petitioner is entitled to a direction to have his application forwarded under Rule 4 of the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017.
Law Points
- Mandatory forwarding of application under Rule 4
- Requirement of no-objection certificates for land conversion
- Consideration of objections from neighbouring agriculturists
- Compliance with prior approvals from Panchayat and District Collector
- Applicability of Section 47A of Tamil Nadu Town and Country Planning Act
- 1971




