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Madras High CourtWP/43712/2025disposed of with direction

M.Subramani v. The District Collector

2025-11-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP NO. 48810 OF 2025 M.Subramani Petitioner(s) Vs

1. The District Collector Chengalpattu District, Chengalpattu.

2.The Revenue Divisional Officer (RDO) Maduranthakam Revenue Division, Maduranthakam, Chengalpattu District.

3.The Tasildhar Maduranthakam Taluk, Maduranthakam Taluk Office, Chengalpattu District 4.The Block Development Officer (BDO) Maduranthakam Union Panchayat, Maduranthakam Union Panchayat Office, Chengalpattu District.

Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents and their subordinates

from evicting the petitioner in property bearing Survey No. 195/2 to the extent of 0.05 cent situate at Periyavenmani Village, Maduranthankam Taluk Chengalpattu district in property which is the only livelihood to the petitioner and to his family members as per the petitioners representation letter dated 17.10.2025.

For Petitioner(s):

Mr.B.Gandhi For Respondent:

Mrs.S.Anitha, SGP R! To R3 Mr.M.Jayanth, AGP R4

ORDER

This petition has been filed forbearing the respondents and their subordinates from evicting the petitioner in property bearing Survey No. 195/2 to the extent of 0.05 cent situate at Periyavenmani Village, Maduranthankam Taluk, Chengalpattu District in property which is the only livelihood to the petitioner and to his family members as per the petitioners representation letter dated 17.10.2025.

2. It is the case of the petitioner that the petitioner is residing at No.11, Mettu Street, Periyavenmani Village, Madurantagam Taluk, Chengalpet District for past 10 decades along with his family and the petitioner is surviving based on the agricultural income as well as livestock maintenance the petitioner enjoying the property in S.No.195/2 at Periyavenmani Village, Madurantagam Taluk, Chengalpattu District. To the extent of 0.5 cents, nearby the petitioner

house in S.No.195/4. In the meanwhile, the respondents allotted the petitioner enjoyment land to fair price shop and the petitioner immediately send a representation to the first respondent and Chief Minister Cell on 20.09.2025 requesting not to interfere the petitioner's possession and enjoyment in S.No.195/2 to the extent of 0.5 cents classification as Kalam Poromboku. But the respondent without considering the petitioner's request, to interfere with the said land. Hence, the present petition seeking not to interfere with the petitioner's possession and enjoyment of the property in S.No.195/2 to the extent of 0.5 cent Periyavenman Village, Madurantagam Taluk, Chengalpattu District.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the 4 th respondent submitted that the land in S.No.195/2 to the extent of 0.5 cents classified as Kalam Porombokku, in which, the 4 th respondent decided to construct a fair price shop for the benefit of the general public and the same was prevented by the petitioner by claiming false allegation and also filed a writ petition before this Court, which is not sustainable.

5. In this regard, this Court posed a question to the petitioner whether any

title deed or patta available for the above said land.

6. In response, the learned counsel for the petitioner fairly submitted that the petitioner was granted assignment patta in terms of the Order 21 of the RSO to an extent of 0.01.0 Are in S.No.195/2 Plot No.4.

7. Heard the learned counsel for both side and perused the materials available on record.

8. In view of the above, this court directs the 4 th respondent to recover the land which was occupied by the petitioner except 0.01.0 Are in S.No.195/2 (assignment land) within a period of four weeks from the date of receipt of a copy of this order.

9. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 17-11-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Chengalpattu District, Chengalpattu 2.The Revenue Divisional Officer (rdo) Maduranthakam Revenue Division, Maduranthakam Chengalpattu District 3.The Tasildhar Maduranthakam Taluk, Maduranthakam Taluk Office, Chengalpattu District 4.The Block Development Officer (BDO) Maduranthakam Union Panchayat, Maduranthakam Union Panchayat Office, Chengalpattu District

M.DHANDAPANI J.

rli 17-11-2025