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Madras High CourtWP/19402/2026allowed

V.Selvam v. The District Collector

2026-05-20Honourable Mr Justice G. R. Swaminathan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR. JUSTICE G. R. SWAMINATHAN and WMP No. 20682 of 2026 V.Selvam ..Petitioner(s) Vs

1. The District collector Namakkal District.

2. The District Revenue Officer, Namakkal District.

3. The Revenue Divisional Officer, Namakkal District.

4. The Special Tahsildar (Adi Dravidar Welfare), Namakkal District.

5. The Tahsildar, Rasipuram Taluk, Namakkal District.

6. The Superintendent of Police, Namakkal District.

7. The Inspector of Police, Namagiripettai Police Station.

..Respondent(s) Writ Petition has been filed under Article 226 of the Constitution of India to issue writ of Mandamus, directing the respondents to restrain the

construction or maintain the status quo with respect of the property situated in Survey No.150/1, Namagiripettai Village, Rasipuram Taluk, Namakkal District, till the completion of enquiry based on the earlier direction given by the High Court in W.P.No.14702 of 2026.

For Petitioner(s):

Mr.G.Thalaimutharasu For Respondent(s):

Mr. M. Murali Government Advocate

ORDER

Heard both sides.

2. Free house site pattas were issued in favour of eligible members of the Scheduled Caste and Scheduled Tribe communities by the field officers of the Adi-Dravidar and Tribal Welfare Department and the Revenue and Disaster Management Department in the year 2008. These assignment orders were subsequently cancelled on the ground that the original assignees did not put up the construction as per the conditions. Thereafter, fresh assignments were issued in favour of a new set of beneficiaries, which includes the petitioner herein. However, the erstwhile beneficiaries continue to stake their claims.

3. The new beneficiaries place reliance on G.O.(Ms).No.34, Revenue and Disaster Management Department, Land Disposal Wing, [LD3(1)] Section, dated 13.01.2021 in their favour. Clause 4 (g) of the said G.O. reads as follows: "g) Multiple beneficiaries have paper patta for the same piece of land and the land is vacant:

This scenario has arisen since the earlier pattas

have been cancelled due to non-construction of house and new beneficiary allotted the land. In such cases, the latest beneficiary should be treated as per 'a' above. The earlier beneficiaries for whom the pattas have been cancelled as far as practicable must be accommodated with suitable other free HSD either Adi Dravidar Welfare lands or general lands available at the disposal of the Taluk Tahsildar for assigning as HSD."

4. The new beneficiaries had earlier filed W.P.No.14702 of 2026 before this Court. The said writ petition was disposed on 16.04.2026 on the following terms:

"6. For the foregoing reasons, this Writ Petition is disposed of by directing the 1st respondent to pass final orders, on merits and in accordance with law, on the petitioners representation, dated 16.03.2026 seeking confirmation of the alleged pattas issued in favour of the respective petitioners for the properties morefully disclosed in the documents filed along with this writ petition and to give effect to the cancellation of the earlier pattas for the very same properties in favour of 129 persons, after giving due consideration to the supporting documents produced by the petitioners, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs."

5. The grievance of the petitioner, who is a new beneficiary, is that the erstwhile beneficiaries are attempting to alter the status quo of the property. When an inquiry pursuant to the orders of this Court is still pending and final orders are yet to be passed by the authorities, it is only just and proper that the status quo as agreed upon has to be preserved as such. It is the duty of all the parties concerned to maintain the same.

6. Accordingly, this Writ Petition stands allowed with a direction to the parties to maintain status quo as on today with respect to the subject property, until final orders are passed by the 1st respondent in compliance with the order dated 16.04.2026 in W.P.No.14702 of 2026. Consequently, the connected Miscellaneous Petition is closed. No costs.

20-05-2026 Index: Yes/No Speaking/Non-speaking order ab/Jeni

To 1.The District collector Namakkal District.

2.The District Revenue Officer, Namakkal District.

3.The Revenue Divisional Officer, Namakkal District.

4.The Special Tahsildar (Adi Dravidar Welfare), Namakkal District.

5.The Tahsildar, Rasipuram Taluk, Namakkal District.

6.The Superintendent of Police, Namakkal District.

7.The Inspector of Police, Namagiripettai Police Station.

G.R.SWAMINATHAN, J.

ab/Jeni 20-05-2026