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Madras High CourtWP/38442/2025dismissed

K.Manmathan v. The District Collector

2025-10-13Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K. ILANTHIRAIYAN K.Manmathan ... Petitioner Vs.

1.The District Collector District Collectorate, Tiruchengode Road, Namakkal 2.The Revenue Divisional Officer Namakkal, Namakkal District 3.The Tahsidlar, Mohanur Taluk, Namakkal 4.The Revenue Inspector Palapatti, Namakkal District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to accept the proposal submitted by the petitioner for the exchange of his patta 1/5

lands measuring 10 cents (404.65 sq Mtr) in the southern portion in S no. 32/2B instead of the land comprised in S no. 37 measuring an extent of 396 sq mtr classified as Meikaal Poramboke both situated at Kooduthurai village, Punjai Idaiyar Keelmugam Mohanur Taluk, Namakkal district by considering the petitioner's representation dated 30.08.2025 in light of G.O.(MS) No. 201 revenue and disaster management department dated 10.05.2022 within a time frame fixed by this Honourable court. For Petitioner : Mr.S.Senthil For Respondents : Mr.D.Ravichander, Spl.GP.

O R D E R

This Writ Petition has been filed for a direction directing the respondent to consider the representation submitted by the petitioner seeking exchange of his patta lands measuring 10 cents (404.65 sq Mtr) in the southern portion in S.No. 32/2B instead of the land comprised in S.No.37, measuring an extent of 396 sq. mtr. classified as Meikaal Poramboke both situated at Kooduthurai Village, Punjai Idaiyar Keelmugam Mohanur Taluk, Namakkal District.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

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3. The petitioner is the Dharma Kartha of Bagavathi Amman, Selva Vinayagar, Sri Murugan Temple situated in Kooduthurai Village, Mohanur Taluk, Namakkal District. The said temple was constructed by the petitioner and others in the subject land which is classified as Government PorambokeMadaivelu. While being so, the 4th respondent issued a notice under Section 7 of the Tamil Nadu Land Encroachment Act, stating that the temple had been constructed on land bearing Survey No. 37, measuring an extent of 396 square meters, which is classified as Government Poramboke-Madaivelu. A show cause notice was also issued, calling upon the concerned parties to explain as to why action should not be initiated under Section 6 of the above-said Act for removal of the encroachment by the temple. That apart, as the temple was treated as an encroachment, the Hon'ble First Bench of this Court took cognizance of the matter and directed the revenue authorities to evict the encroachment from the subject property, as the construction had been made without obtaining prior permission.

4. Now, the petitioner, in his capacity as the Dharmakartha of the temple, submitted a representation seeking exchange of the Government land with his patta land. However, once the Hon'ble Bench of this Court passed a specific order directing removal of the encroachment, the representation 3/5

submitted by the petitioner for such exchange cannot be considered by this Court.

5. In view of the above, the Writ Petition is devoid of merit and liable to be dismissed. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 13.10.2025 Index : Yes/No Speaking Order: Yes/No (shr) To 1.The District Collector District Collectorate, Tiruchengode Road, Namakkal 2.The Revenue Divisional Officer Namakkal, Namakkal District 3.The Tahsidlar, Mohanur Taluk, Namakkal 4.The Revenue Inspector Palapatti, Namakkal District.

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G.K. ILANTHIRAIYAN . J., (shr) 13.10.2025 5/5