Bhagavathi Bai Damji Patel v. The District Collector
2025:MHC:1711
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.Nos.3689 & 3691 of 2023 Bhagavathi Bai Damji Patel W/o.Damji Kanji Patel Meena Kumari Shanthilal Patel W/o.Santhilal Kanji Patel Priya Mohanlal Patel W/o.Mohanlal Kanji Patel 4.
Damji Kanji Patel S/o.Kanji Ramji Patel 5.
Santhilal Kanji Patel S/o.Kanji Ramji Patel 6.
Mohanlal Kanji Patel S/o.Kanji Ramji Patel ... Petitioners vs.
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The District Collector Collectorate Mayiladuthurai Mayiladuthurai District.
The Revenue Divisional Officer Revenue Divisional Office Mayiladuthurai.
The Tahsildar Taluk Office Mayiladuthurai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in Na.Ka.3312/2022/A1 dated 12.01.2023 and consequential notice dated 27.01.2023 in Na.Ka.No.1894/2022/A3 passed by 3rd respondent and quash the same and consequently, direct the 2nd respondent to issue joint patta in favour of Petitioners 1 to 3 in regard to T.S.No.23/1 measuring an extent of 14688 sq.ft Mayiladuthurai Taluk, No.63, Vellalanagram Mayiladuthurai Town, Ward No. 7, Poombukar Road bounded on south of Road, North of Thiagarajan Nanja, East of Udayathammal Punja West of Abdul Azeez Punja and also direct the 2nd respondent to issue joint patta in favour of petitioners No. 4 to 6 in regard to T.S. No.23/1 measuring an extent of 14688 sq.ft Mayiladuthurai Taluk, No.63, Vellalanagram, Mayiladuthurai Town, Ward No. 7 Poombukar Road Page Nos.2/6
Bounded on South of Road, North of Thiagarajan Nanja, East of Land of Punja owned by petitioner 1 to 3 West of pathway lane. For Petitioners :
Mr.K.Chandrasekaran For Respondents :
Mr.K.Suresh Government Advocate for R1 to R3 *****
O R D E R
[Order of the Court was made by HEMANT CHANDANGOUDAR.J.,] The captioned Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to set aside the order dated 12.01.2023 bearing reference Na.Ka.No.3312/2022/A1 passed by the second respondent (hereinafter referred to as the "impugned order" for the sake of brevity, convenience, and clarity), and the consequential notice dated 27.01.2023 bearing reference Na.Ka.No.1894/2022/A3 issued by the third respondent (hereinafter referred to as the "impugned notice"), and for a further direction to the second respondent to issue joint patta in favour of petitioners 1 to 3 in respect of T.S. No. 23/1, measuring an extent of 14,688 sq. ft., situated in Mayiladuthurai Taluk, No. 63, Vellalanagram, Mayiladuthurai Town, Ward Page Nos.3/6
No. 7, Poombukar Road, bounded:
●South by: Road ●North by: Thiagarajan Nanja ●East by: Udayathammal Punja ●West by: Abdul Azeez Punja and also to direct the second respondent to issue joint patta in favour of petitioners 4 to 6 in respect of the same T.S. No. 23/1, measuring an extent of 14,688 sq. ft., bounded:
●South by: Road ●North by: Thiagarajan Nanja ●East by: Land of Punja owned by petitioners 1 to 3 ●West by: Pathway Lane.
2. By the impugned order and impugned notice, the petitioners were called upon to remove the alleged encroachments on the ground that the subject lands are classified as Government Thoppu Poramboke.
3. Mr. K. Suresh, learned Government Advocate appearing for respondents 1 to 3, on instructions, submitted that the impugned order and Page Nos.4/6
impugned notice will be withdrawn, preserving liberty to the State to take appropriate action in accordance with law. This submission is recorded.
4. Accordingly, the impugned order issued by the second respondent and the impugned notice issued by the third respondent shall be treated as withdrawn.
5. In view of the above submission, the captioned Writ Petition is disposed of with a direction to the second respondent to consider the petitioners' request for issuance of joint patta in respect of the subject lands, on its own merits and in accordance with law, and to pass appropriate orders within a period of fourteen (14) weeks from today, i.e., on or before 15.10.2025. Consequently, the connected Writ Miscellaneous Petitions are closed. There shall be no order as to costs.
(M.S.J.,) (H.C.J.,) 09.07.2025 Index : Yes / No Speaking / Non-speaking mk Page Nos.5/6
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk To The District Collector Collectorate Mayiladuthurai Mayiladuthurai District.
The Revenue Divisional Officer Revenue Divisional Office Mayiladuthurai.
The Tahsildar Taluk Office Mayiladuthurai.
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