Thangavel v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA WP No. 31889 of 2025 & WMP.No.35702/2025

1. THANGAVEL S/o.Arumugam, Door No.119/1, Anaimedu, T.Konakkappadi Post, Desavilakku,Omalur Taluk, Salem District.

Petitioner(s) Vs

1. The District Revenue Officer Salem, Salem District.

2.The Sub Collector Mettur, Salem District.

3.The Block Development Officer Tharamangalam Omalur Taluk, Salem District.

Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the 3rd respondent from putting up the

construction of school building in the petitioner's land in Old S.No. 182, New S.No.309/4 and 309/5 measuring 0.0282.0 sq. Meter and 0.0185.5 sq.Meter respectively situated at Karukkalvadi village, Omalur Taluk, Salem District till the disposal of the appeal filed by the vendor of the petitioner dated 12.01.2009 based on the representation of the petitioner dated 18.07.2025 and 20.07.2025.

For Petitioner :

Mr.K.Thanigaivel, For Respondent:

Mr.M.Shajakhan, Spl.GP for RR 1 & 2 Mrs.C.Meera Arumugam, AGP for R3

ORDER

(1)Mr.M.Shajakhan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2. Mrs.C.Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the 3 rd respondent. With the consent of the learned counsels on either side, the writ petition is taken up for final disposal at the admission stage itself. (2)The writ petition is filed for a mandamus forbearing the 3 rd respondent, from constructing a school building in the petitioner's land in S.Nos.309/4 and 309/5, measuring 0.0282.0 sq. Meter and 0.0185.5 sq.Meter respectively, at Karukkalvadi village, Omalur Taluk, Salem District, till the disposal of the

appeal filed by the vendor of the petitioner dated 12.01.2009, based on the representations of the petitioner dated 18.07.2025 and 20.07.2025. (3)Heard both sides and perused the materials placed on record. (4)It is evident that there is already an order of this Court dated 13.06.2025 in WP.No.20949/2025, wherein the 1 st respondent was directed to dispose of the petitioner's appeal dated 12.01.2009, filed against the order of cancellation of the petitioner's patta, by passing appropriate orders within a period of twelve weeks from the date of receipt of a copy of the said order. However, during the pendency of the aforesaid appeal the 3 rd respondent, commenced the construction of the school building.

(5)In view of the fact that the petitioner's appeal remains pending disposal notwithstanding the specific directions issued by this Court, I am inclined to direct the 3 rd respondent not to proceed with the construction of the school building untill the appeal of the petitioner is disposed of by the 1 st respondent, in terms of the order of this Court dated 13.06.2025 made in WP.No.20949/2025.

(6)The writ petition is accordingly allowed. No costs. Consequently, connected miscellaneous petition is closed.

21-08-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Revenue Officer Salem, Salem District.

2.The Sub Collector Mettur, Salem District.

3.The Block Development Officer Tharamangalam Omalur Taluk, Salem District.

N.MALA J.

AP 21-08-2025