Mohan v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.6248 of 2025 and W.M.P.(MD) Nos.4591 & 4592 of 2025 Mohan ... Petitioner Vs

1. State of Tamilnadu, Represented by its Secretary to Government, Revenue Department, Fort St.George, Chennai 9.

2. The District Collector, Dindigul District, Dindigul.

3. The District Revenue Officer, Office of the District Revenue Office, Dindigul District, Dindigul.

4. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kodaikanal,

5. The Tahsildar, Office of Tahsildar, Kodaikanal, 1/6

6. N.M.Ravi Baskar, (R6 is impleaded vide Court order dated 21.08.2025 in W.M.P.(MD) No.17029 f 2025 in W.P.(MD) No.6248 of 2025) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No 531/2020 A5, dated 18.08.2023 on the file of respondent no.4 and quash the same as illegal and consequently, direct the respondent no.4 to consider the petitioners representation dated 21.09.2024 and issue patta in accordance with law.

For Petitioner : Dr.R.Alagumani For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R5 Mr.B.Saravanan Senior Counsel for M/s.B.Saravanan Associates for R6

O R D E R

An order dated 18.08.2023 of the fourth respondent is challenged in this Writ Petition primarily on the ground that the petitioner was not put on notice by providing a reasonable opportunity to contest the matter. An aggregate extent of 1.19.50 hectares in T.S.No.61/1 was originally owned by one Ramaiyyar and Venkataramayyar. The said lands were acquired for the welfare of the Adi Dravidar community. Upon challenge, 2/6

the acquisition proceedings were quashed and it was directed that the classification be changed from Adi Dravidar natham. Initially, by an order dated 30.05.2019 in W.P.(MD) No.11233 of 2019, patta was directed to be issued in the names of N.R.Jawaharlal, N,M..Ravibaskar and N.P.Sivakumar. This was subsequently modified in order dated 06.02.2023 in W.P.(MD) Nos.18992 & 20353 of 2022 by directing the fourth respondent to conduct an inquiry and pass orders after putting the parties to the Writ Petitions and other interested persons on notice. The order impugned herein was issued pursuant thereto.

2. On perusal of the impugned order, it appears that the persons listed at the foot of the order were put on notice regarding the proceedings. The name of the petitioner does not find place therein. Therefore, the contention of learned counsel for the petitioner that he was not heard before the order was issued is liable to be accepted.

3. Learned Senior Counsel for the sixth respondent points out that the petitioner's claim is limited to an extent of 6440 sq.ft in T.S.No.61/1 from and out of the extent of 1 acre 48 cents. Therefore, he contends that 3/6

the order need not be disturbed except to the extent of reconsidering the matter insofar as the petitioner's claim for 6440 sq.ft. is concerned.

4. Given the admitted position that the petitioner asserts title only in respect of 6440 sq.ft., the contention of learned Senior Counsel is liable to be accepted with the qualification that in course of considering the petitioner's claim if the claims of any other persons are liable to be affected, such persons should be heard.

5. Accordingly, the order impugned herein is partly set aside insofar as the petitioner's claim over 6440 sq.ft in T.S.No.61/1 is concerned. Consequently, the matter is remanded to the fourth respondent for reconsideration. After providing a reasonable opportunity to the petitioner, sixth respondent and any other persons who would be affected by the order, a fresh order shall be issued within a period of three months from the date of receipt of a copy of this order. 4/6

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. NCS : Yes/No 09.09.2025 Index : Yes / No Internet : Yes / No apd To

1. The Secretary to Government, Revenue Department, Fort St.George, Chennai 9.

2. The District Collector, Dindigul District, Dindigul.

3. The District Revenue Officer, Office of the District Revenue Office, Dindigul District, Dindigul.

4. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kodaikanal,

5. The Tahsildar, Office of Tahsildar, Kodaikanal, 5/6

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN W.P(MD)No.6248 of 2025 09.09.2025 6/6