M.Muthu Kumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Muthu Kumar ... Petitioner -vs1.The District Collector Trichy District Trichy 2.The Thasildar Marungapuri Taluk Trichy District 3.Pandiyammal 4.Fazilabanu 5.Pathisha Beevi 6.Abdul Muthalibu 7.Shakila Banu 8.Mugamatha Banu 9.Amitha Begum

10.Dhilsath Begum 11.Sulaiga Beevi 12.Parvin Begum 13.Mumthaj 14.Benaseer Fathima 15.Aabitha ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned proceedings in Na.Ka.A4/11/2025 dated 11.03.2025 on the file of the 2nd Respondent and quash the same as illegal and further directing the Respondents to remove the encroachments made by the private individuals in the land in Survey No.653 (Old Survey No.261/1), situated in Thuvarankuruchi Village, Marungapuri Taluk, Trichy District, classified as Santhai, within a time limit as may be stipulated by this Court. For Petitioner :

Mr.K.Jeyamohan For Respondents :

Mr.M.Sarangan Additional Government Pleader for R1 & R2 No appearance for R3 to R15

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The reply given by the Thasildar, Marungapuri Taluk, Trichy District, stating that the Revenue Department has initiated action for grant of patta to the landless poor people in the subject property, to the representation submitted by the petitioner, is under challenge in this writ petition.

2. The relief sought for the petitioner in his representation is to remove the encroachments from the Government land.

3. Learned counsel for the petitioner submits that in the event of any objection from the public, the government land cannot be assigned nor patta can be issued in favour of any person.

4. Per contra, learned Additional Government Pleader appearing for the respondents 1 & 2, on instructions, submitted that the Government has issued G.O.(Ms) No.97, Revenue and Disaster Management [LD-1(1)] Department, dated 21.02.2025, wherein a policy decision has been taken to grant free house site patta to the landless poor people, by following the

procedures contemplated and based on the eligibility criteria fixed in the said Government Order. Under the said Government Order, a District Level Committee and State Level Committee have been constituted to deal with the objections, if any, from the public or any other person. Since the impugned reply given by the Tahsildar is only a proposal for grant of free house site patta, if the petitioner has any objection, he can submit the same to the District Level Committee and thereafter, to the State Level Committee as contemplated under the above mentioned Government Order.

5. In view of the above submission, the petitioner is at liberty to submit his objections before the District Level Committee and the State Level Committee thereafter, as contemplated under the Government Order in G.O. (Ms) No.97, Revenue and Disaster Management [LD-1(1)] Department, dated 21.02.2025. In the event of submitting any such objection, the same shall be looked into by the authority concerned in accordance with law.

6. With the above liberty granted to the petitioner, this writ petition is disposed of. No costs.

[S.M.S., J.] [A.D.M.C., J.] 10.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Trichy District, Trichy.

2.The Thasildar, Marungapuri Taluk, Trichy District.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 10.07.2025