Madras High CourtWP/43879/2025disposed of

Govindaraju v. The District Collector

2025-11-17Honourable Mr Justice N. Anand Venkatesh13 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2026 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP.No.48986 of 2025

1. Govindaraju, S/o. Suruttaiya Udayar,

2. Sugantha, W/o.Govindaraju .... Petitioners -Vs1.The District Collector, Collectorate, Salem District - 636 001.

2. The District Revenue Officer, Collectorate, Salem District - 636 001.

3. The Revenue Divisional Officer, Salem Division, Subramaniya Nagar, Suramangalam, Salem - 636 005.

4. Tahsildar, Vazhapadi Taluk, Salem District - 636 115.

5. Block Development Officer, Ayyothiyapattinam Panchayat Union, Salem District - 636 103.

.. Respondents 1 / 13

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to rectify the FMB sketch in S.F.Nos.10 & 12/1 and rectify the extent in S.F.No.13/3A situated in Karumapuram Village, Valappady Taluk, Salem District by applying Government Standing Order No.385 Revenue (Public - 3) Department, dated 17.08.2004 and consequently directing the 4th respondent to issue patta in favour of the 2nd petitioner to an extent of 3 cents within a stipulated time to be fixed by this Court.

ORDER

Today, the matter has been listed under the caption "For Being Mentioned".

2. It is submitted by the learned counsel for the petitioner in the prayer portion, the 2nd petitioner has been wrongly mentioned as 2nd respondent. Hence, the same is corrected as follows:

2nd petitioner to an extent of 3 cents within a stipulated time to be fixed by this Court.

3. It is further submitted by the learned counsel for the petitioner that in paragraph 3 in the 4th line, the O.S.No.694 of 2002 has been wrongly mentioned as O.S.No.694 of 2022.

Hence, the Registry is directed to carry out necessary corrections and issue corrected order copy to the parties.

23.02.2026 mp To 1.The District Collector, Collectorate, Salem District - 636 001.

2. The District Revenue Officer, Collectorate, Salem District - 636 001.

3. The Revenue Divisional Officer, Salem Division, Subramaniya Nagar, Suramangalam, Salem - 636 005.

4. Tahsildar, Vazhapadi Taluk, Salem District - 636 115.

3 / 13

N.ANAND VENKATESH, J.

5. Block Development Officer, Ayyothiyapattinam Panchayat Union, Salem District - 636 103.

Taluk Office Campaus 1014, Government Gardens Thirupathur-635 601.

23.02.2026 4 / 13

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 43879 of 2025 AND WMP NO. 48986 OF 2025

1. GOVINDARAJU S/o.Suruttaiya Udayar, Residing At No.1/78, Karumapuram Village And Post, Karipatti Via, Valappady Taluk, Salem District.

2. SUGANTHA W/o.Govindaraju, Residing At No.1/78, Karumapuram Village And Post, Karipatti Via, Valappady Taluk, Salem District.

Petitioner(s) Vs

1. The District Collector ollectorate, Salem District-636 001.

2.The District Revenue Officer ollecoate, Salem District-636 001.

3.The Revenue Divisional Officer Salem Division Subramaniya Nagar, Suramangalam, Salem-636 005.

5 / 13

4.TAHSILDAR Vazahpadi Taluk, Salem District-636 115.

5.Block Development Officer Ayyothiyapattinam Panchayat Union, Salem District-636 103.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 2nd respondent to rectify the FMB sketch in S.F. Nos.10 and 12/1 and rectify the extent in S.F. No.13/3A situated in Karumapuram Village, Valappady taluk, Salem District by applying government standing order no.385 Revenue (Public-3) Department, dated 17.08.2004 and consequently directing the 4th respondent to issue patta in favour of the 2nd respondent to an extent of 3 cents within a stipulated time to be fixed by this Honourable cCourt.

WMP No. 48986 of 2025 PRAYER to permit the petitioners to file a single writ petition WP No. 43879 of 2025 For Petitioner(s):

Mr.B. Kumarasamy For Respondent(s):Mr.G.Jayachandran Government Advocate for 6 / 13

R1 to R4 Mr.C.Jayaprakash Government Advocate for R5

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to act upon the representation made by the petitioners, wherein the petitioners have sought for the rectification in the FMB sketch and for a consequential direction to the 4th respondent to issue patta in favour of the 2nd petitioner for an extent of 3 Cents.

Heard Mr.B. Kumarasamy, learned counsel for the petitioner and Mr.G.Jayachandran, learned Government Advocate for respondents 1 to 4 and Mr.C.Jayaprakash, learned Government Advocate for 5th respondent.

The case of the petitioners is that the 4th respondent had issued notice under Section 5 and 6 of the Tamil Nadu Land Encroachment Act and the same came to be challenged by the 2nd petitioner in OS No.694 of 2022 before the District Munsif Court, 7 / 13

Salem. The suit was dismissed and aggrieved by the same, the 2nd petitioner filed an appeal before the Principal District Judge, Salem in AS No.201/2003 and the same was allowed by judgement and decree dated 01.12.2004. According to the petitioners, the Appellate Court accepted Ex.B5 and decreed the suit and as per the judgement and decree, the petitioners are entitled for the rectification of the mistake in the FMB sketch with respect to SF Nos.10 and 12/1. However, no orders were passed and therefore, WP No.16390 of 2017 was filed before this Court and this Court disposed of the writ petition by an order dated 30.06.2017 and directed the 2nd respondent to deal with the representation and pass orders within the time frame. Thereafter, the 2nd respondent did not pass any orders and hence, Cont P No.2183 of 2017 was filed and when the contempt petition came up for hearing on 24.01.2018, it was informed to this Court that already the request made by the petitioners has been rejected on 18.01.2018. 4.

Aggrieved by the above order, the petitioner filed WP No.4466 of 2018. This writ petition was disposed of by this Court by an order dated 04.09.2023 by making an observation that already the suit has reached its finality and hence, the parties will have to take a 8 / 13

decision. The petitioners thereafter made several representations and the same did not evoke any response and the present writ petition has been filed before this Court.

Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the 2nd respondent to deal with the representation submitted by the petitioners on 09.05.2025 on its own merits and in accordance with law and pass orders, within a period of eight weeks from the date of receipt of a copy of this order. 6.

This writ petition is disposed of with the above directions. No costs.

17-11-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes 9 / 13

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WP No. 43879 of 2025 To 1.The District Collector Collectorate, Salem District-636 001.

2.The District Revenue Officer Collectorate, Salem District-636 001.

3.The Revenue Divisional Officer Salem Division Subramaniya Nagar, Suramangalam, Salem-636 005.

4.TAHSILDAR Vazahpadi Taluk, Salem District-636 115.

5.Block Development Officer Ayyothiyapattinam Panchayat Union, Salem District-636 103.

11 / 13

N.ANAND VENKATESH J.

rka WP No. 43879 of 2025 WMP NO. 48986 OF 2025 12 / 13

17-11-2025 13 / 13