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Madras High CourtWP(MD)/3916/2026disposed of

Murugaiah B v. The Secretary To The Government

2026-02-12Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 12.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.SURENDER W.P.(MD)No.3916 of 2026 B.Murugaiah ... Petitioner Vs 1.The Secretary to the Government, Public Works Department, Secretariat, St. George Fort, Chennai-600009.

2.The District Collector, Madurai District, Madurai.

3.The Tahsildar, Madurai South Taluk, Madurai District.

4.The Superintending Engineer, Public Works Department, Tallakulam, Madurai-625 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to issue Assignment Order and patta in respect of the land in S.No.33/3, Chinthamani Village, Madurai South Taluk, Madurai District, measuring 1/6

an extent of 60 cents.

For Petitioner : Mr.R.Arun Kumar For Respondents : Mr.D.Sadiq Raja (for R1 to R4) Additional Government Pleader

O R D E R

This Writ Petition is filed directing the respondents 1 to 4 to issue Assignment Order and patta in respect of the land in S.No.33/3, Chinthamani Village, Madurai South Taluk, Madurai District, measuring to an extent of 60 cents.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the learned counsel appearing for the petitioner, the subject land was leased out by the concerned authority in the year 1974. Since then, the father of the petitioner was in possession of the land and thereafter the petitioner is in possession of the said land. As per G.O.(Ms).No.1834, Public Works Department, dated 27.12.1974, the lease rent was fixed and the same was regularly paid by the 2/6

petitioner's father. Hence, he sent a representation dated 24.12.2025 to the first respondent requesting issuance of an assignment order in respect of the said land. Since no action was taken, the present writ petition has been filed.

4. The G.O.(Ms).No.1834, Public Works Department, dated 27.12.1974, produced by the petitioner, relates to the leasing out of land classified as "Krithimal River Poramboke" for a period of five years for agricultural purposes, subject to payment of lease rent to be fixed by the District Collector, Madurai. However, no documents have been filed to establish the existence of any valid lease or to show that the petitioner continues to be in possession of the land till date.

5. However, the fact remains that no person can claim any right over the land upon issuance of an assignment order granting patta in respect of a particular piece of land. Once the land is identified for the purpose of assignment, the same shall be assigned to eligible persons in accordance with the applicable rules.

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6. The petitioner has approached this Court seeking a specific direction for assignment of the said piece of land in his favour. Such a relief cannot be granted by this Court. However, since the petitioner has submitted a representation, the competent authority is directed to consider the same on its own merits and in accordance with law, as expeditiously as possible.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

(K.SURENDER, J.) 12.02.2026 vsg Index: Yes/No Internet: Yes/No 4/6

To 1.The Secretary to the Government, Public Works Department, Secretariat, St. George Fort, Chennai-600009.

2.The District Collector, Madurai District, Madurai.

3.The Tahsildar, Madurai South Taluk, Madurai District.

4.The Superintending Engineer, Public Works Department, Tallakulam, Madurai-625 002.

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K.SURENDER, J., vsg W.P (MD) No.3916 of 2026 12.02.2026 6/6