V.Marimuthu v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.13337 of 2025 and W.M.P.(MD)No.9577 of 2025 V.Marimuthu ... Petitioner -Vs1.The Commissioner of Land Administration, Pudukkottai District, Pudukkottai.
2.The District Collector, O/o. The District Collectorate, Pudukkottai District.
3.The District Revenue Officer, Pudukkottai District, Pudukkottai.
4.The Revenue Divisional Officer, Pudukkottai Taluk, Pudukkottai District.
5.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
6.K.Senthilkumar
7.K.Pushpavalli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments and unauthorized constructions made by the respondents 6 and 7 in the Government Anadheenam lands comprised in S.Nos.347, 348, 349, 350, 351/1, 352, 353, 354 &355 situated at Sembattur Village, Pudukkottai Taluk, Pudukkottai District within the period that may be stipulated by this Court. For Petitioner : Ms.H.Jasima Yasmin For R1 to R5 : Mr.J.Ashok, Additional Government Pleader
ORDER
[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2.It is the case of the petitioner that the lands in S.Nos.347, 348, 349, 350, 351/1, 352, 353, 354 &355 situated at Sembattur Village, Pudukkottai Taluk, Pudukkottai District are classified as "Anadheenam / Government lands in the revenue records. However, the respondents 6 and 7 have encroached the lands in question and obtained patta in their favour. Therefore, the petitioner made a
representation dated 29.09.2023 to the 4th respondent, seeking for cancellation of patta and removal of the encroachments made by the respondents 6 and 7. Pursuant to the same, the 4th respondent called for an enquiry on 13.10.2023, calling upon the petitioner and the respondents 6 and 7 on the illegal mutation of patta. Pending the enquiry, the respondents 6 and 7 executed a registered sale deed dated 27.10.2023 in favour of one S.Gunasekaran in respect of the lands in S.Nos.354 and 355. Therefore, the petitioner made several representations to the respondents. Pursuant to the same, the 4th respondent once again called for an enquiry on 11.03.2024, 01.04.2025 and 15.04.2025. Now, the enquiry has been postponed to 06.05.2025. However, there is no effective steps taken by the respondent. Therefore, the petitioner has filed this Writ Petition. 3.Mr.J.Ashok, learned Additional Government Pleader, who takes notice for the respondents 1 to 5, submits that the enquiry pending before the 4th respondent would be completed within the period that may be stipulated by this Court.
4.Considering the submissions made on either side, this Writ Petition is disposed of with a direction to the 4th respondent to complete the enquiry, after affording sufficient opportunity of hearing to the petitioner and the respondents 6
and 7 and pass appropriate orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 30.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The Commissioner of Land Administration, Pudukkottai District, Pudukkottai.
2.The District Collector, O/o. The District Collectorate, Pudukkottai District.
3.The District Revenue Officer, Pudukkottai District, Pudukkottai.
4.The Revenue Divisional Officer, Pudukkottai Taluk, Pudukkottai District.
5.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
Yuva W.P.(MD)No.13337 of 2025 30.04.2025