Madras High CourtWP/16149/2023disposed of

M.Mathialagan v. The State Of Tamilnadu

2026-03-30Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 15538 OF 2023 M.Mathialagan S/o. Kathan, West Street, Alambadi Village, Perambalur District.

Petitioner(s) Vs

1. The State of TamilNadu Rep. by its Secretary to Govt., Department of Revenue, fort St.

George, Chennai -600 009.

2.The collector, Perambalur District, Perambalur.

3.The Assistant Director of Panchayat, Perambalur District, Perambalur.

4.The tahsildar, Alambadi Village, Perambalur District, Perambalur.

5.The Block development Officer, Perambalur. Union, Perambalur District, 6.The Village Administrative Officer, Alambadi Village, Perambalur District.

7.The Panchayat President, Alanmabadi Panchayat, Perambalur union, Perambalur District.

Respondent(s)

PRAYER Writ Petition under Article 226 of the Constitution of India, prarying to issue a Writ of Mandamus, forbearing the respondents herein from evicting the petitioner from S.No. 70/5 to extent of 75 cents located in Aranarai North Revenue District, Alambadi Village, Perambalur District without due process of law and further direction to issue patta to the petitioner and pass necessary or other order as this Honble Court my deem fit and proper in the circumstances of the case.

For Petitioner(s):

Mr.A.Reeganutakar, for Mr.T.Dharani For Respondent(s):

Mr.C.Gowthamaraj, GA

ORDER

This writ petition has been filed to restrain the respondents herein from evicting the petitioner from the subject land.

2. The learned counsel for the petitioner would submit that the petitioner is in possession of the subject land, which is classified as "Government Tharisu Land" and he is doing agriculture therein for more than 35 years. However, so far, no patta was issued in the petitioner's name. Hence, a representation dated 10.04.2023 was filed, requesting the respondents to issue patta of the subject property in the name of petitioner. However, the same was not at all considered by the respondents till date. Hence, this petition.

3. In reply, the learned counsel appearing for the respondents would submit that the respondents are intend to utilise the subject land for the purpose

of constructing a pond and thus, they are not in a position to consider the petitioner's representation. Hence, he requests this Court to pass appropriate orders.

4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

5. In the case on hand, the petitioner is in possession and enjoyment of the subject property, which is an agricultural land and cultivating therein for past 35 years. In such case, certainly, the petitioner is entitled for patta in terms of the Revenue Standing Orders.

6. In view of the above, this Court directs the respondents to consider the petitioner's representation dated 10.04.2023 in terms of the Revenue Standing Orders and dispose of the same, on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order.

7. As far as the construction of pond in the subject property is concerned, the respondent can do the same in some other land without disturbing the agricultural activities carried on by the petitioner. Otherwise, the respondent shall deepen the nearby lakes or improve the other water channels, pertaining those lakes.

8. With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petition is also closed. 30-03-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State of TamilNadu Rep. by its Secretary to Govt., Department of Revenue, fort St.