C.Muthammal v. The Member Of Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. C.Muthammal

2. C.Saravanan ... Petitioners Vs.

1. The Member of Secretary, Tamil Nadu State Scheduled Caste and Scheduled Tribes Commission, Plot No.1086, Door No.19, 21st Main Road, Ponny Colony, Anna Nagar, Chennai-600 040.

2. The District Collector,

3. The Superintendent of Police,

4. The District Adi Dravidar & Tribal Welfare Officer, Office of District Adi Dravidar & Tribal Welfare Officer,

5. The Tahsildar, Taluk Office, Periyakulam Taluk,

6. The Assistant Director of Town Panchayat, 1/8

of Town Panchayat,

7. The Assistant Director of Town Panchayat, of Town Panchayat,

8. The Deputy Superintendent of Police, Periyakulam,

9. The Inspector of Police, Thenkarai Police Station, Periyakulam,

10. The Executive Officer, Vadugapatti Selection Grade Town Panchayat, Vadugapatti, Periyakulam Taluk,

11. Thiru Muthukrishnan, Head Clerk, Vadugapatti Selection Grade Town Panchayat, Vadugapatti, Periyakulam Taluk,

12. Natesan, President, Vadugapatti Selection Grade, Town Panchayat, Vadugapatti, Periyakulam Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus 2/8

directing the respondents 1 to 3 herein to make separate inquiries in accordance with law, initiate action against the respondents 9 to 11 herein for their illegal atrocities caused to the petitioners, being members of scheduled caste under Special Enactment and consequently direct the respondents 9 to 11 herein to forthwith restore the house site of the petitioners vide Patta No.3397 measuring 1.1/2 cents comprised in Survey No.627/34 and 627/1 part situated in Thamaraikulam Bit-I, Periyakulam Taluk, Theni District within a reasonable time as may be fixed by this Court.

For Petitioners : Mr.K.Guhan For R3, R7 & R8 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) For R1 & R2 : Mr.M.Muthumanikkam Government Advocate(civil side) For R4, R5 & R6 : Mr.P.Thambidurai Government Advocate For R9 : Mr.A.Oli Raja Government Advocate 3/8

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 herein to make separate inquiries in accordance with law and initiate action against the respondents 9 to 11 herein for their illegal atrocities caused to the petitioners, being members of scheduled caste under Special Enactment and consequently direct the respondents 9 to 11 herein to forthwith restore the house site of the petitioners vide Patta No.3397 measuring 1.1/2 cents comprised in Survey No.627/34 and 627/1 part situated in Thamaraikulam Bit-I, Periyakulam Taluk, Theni District within a reasonable time frame.

2.Heard both sides.

3. The petitioners belonged to SC/ST community. The petitioners were granted Patta in the year 1956. The 1st petitioner's husband died. According to the respondents, the father-in-law of the petitioner ought to have used the said patta land and put up 4/8

construction within three years, but the same was not carried out and the said condition was violated. Therefore, the respondents cancelled the patta and put up water tank in the said place. The water tank was in existence for the past 50 years and the same was in a dilapidated condition. Now the respondents demolished and planned to put up new water tank. However, the petitioners submitted that the patta once assigned to the father-in-law was not cancelled. Hence, the petitioners approached this Court by way of this writ petition.

4. At this juncture, the petitioners cannot seek any patta for the same place since water tank was put up and that was in existence for more than 50 years. Therefore, the petitioners are directed to submit a fresh application to the respondents. On such filing of application, the respondents are directed to consider the same for granting alternative site as per law.

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5. With these observations and direections, this writ petition is disposed of. No Costs.

16.02.2026 2/2 PJL TO

1. The Member of Secretary, Tamil Nadu State Scheduled Caste and Scheduled Tribes Commission, Plot No.1086, Door No.19, 21st Main Road, Ponny Colony, Anna Nagar, Chennai-600 040.

2. The District Collector,

3. The Superintendent of Police,

4. The District Adi Dravidar & Tribal Welfare Officer, Office of District Adi Dravidar & Tribal Welfare Officer,

5. The Tahsildar, Taluk Office, Periyakulam Taluk,

6. The Assistant Director of Town Panchayat, of Town Panchayat, 6/8

7. The Assistant Director of Town Panchayat, of Town Panchayat,

8. The Deputy Superintendent of Police, Periyakulam,

9. The Inspector of Police, Thenkarai Police Station, Periyakulam, 7/8

S.SRIMATHY,J PJL

ORDER

IN WP CRL.(MD) No.844 of 2026 Date : 16/02/2026 8/8