C.Vijayakumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE R. SAKTHIVEL and W.M.P.(MD) Nos.10208 and 10213 of 2025 W.P.(MD) No.14082 of 2025:
C.Vijayakumar ... Petitioner Vs.
1.The District Collector, Madurai District Collector Office, 2.The Tasildhar, Madurai North Taluk, 3.The Zonal Deputy Tahsildar, Koolapandi Village, 4.The Revenue Inspector, Chathrapatti Incircle, Madurai North Taluk, 5.The Village Administrative Office, Kadavoor Village, Chathrapatti, 1/7
Madurai North Taluk, ... 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 impugned notice in Na.Ka.No.6160/2024/A5 dated 28.03.2025 issued by 2nd respondent and served on the petitioner on 01.05.2025 and quash the same consequently directing the 2nd respondent to consider the petitioner's representation dated 24.12.2024 and issue patta in the petitioner's name in survey No.58/1 to an extent of 0.03.50 Ares and Survey No.58/2 to an extent of 0.08.50 ares which is located at Kadavoor Village, Madurai North Taluk, Madurai as soon as possible.
W.P.(MD) No.14083 of 2025:
T.Villavankothai ... Petitioner Vs.
1.The District Collector, Madurai District Collector Office, 2.The Tasildhar, Madurai North Taluk, 3.The Zonal Deputy Tahsildar, Koolapandi Village, 2/7
4.The Revenue Inspector, Chathrapatti Incircle, Madurai North Taluk, 5.The Village Administrative Office, Kadavoor Village, Chathrapatti, ... 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 impugned notice in Na.Ka.No.6160/2024/A5 dated 28.03.2025 issued by 2nd respondent and served on the petitioner on 01.05.2025 and quash the same consequently directing the 2nd respondent to consider the petitioner's representations dated 03.01.2010, 04.04.2024 and reminder dated 24.12.2024 and issue patta in the petitioner's name in survey No.58/1 to an extent of 0.12.00 Ares which is located at Kadavoor Village, Madurai North Taluk, Madurai as soon as possible.
In both W.Ps.
For Petitioner :
Mr.J.Alaguram Jothi For Respondents :
Mr.M.Lingadurai Special Government Pleader 3/7
COMMON ORDER [Order of the Court was made by M.DHANDAPANI, J.] Heard Mr.J.Alaguram Jothi, learned counsel for the petitioners and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.
2. The learned counsel for the petitioners would submit that the petitioner in W.P.(MD) No.14082 of 2025 is in possession of Survey No. 58/1 to an extent of 0.03.50 Ares and Survey No.58/2 to an extent of 0.08.50 ares of Kadavoor Village, Madurai North Taluk, Madurai and the petitioner in W.P.(MD) No.14083 of 2025 is in possession of Survey No. 58/1 to an extent of 0.12.00 Ares of the same village.
3. However, the respondents claim that the lands were classified as "Government poramboke" for which they issued Section 7 notice under Section 7 of the Land Encroachment Act, 1905, pursuant to which the petitioners made objections and representations and thereafter, the present impugned order was passed under Section 6. 4/7
4. However, the learned counsel for the petitioners would submit that as per the Land Encroachment Act, 1905, there is an effective appeal remedy available to the petitioners before the District Collector, viz., the first respondent.
5. In view of the above, these Writ Petitions are disposed of with liberty to the petitioners to file appeal before the first respondent within a period of two weeks from the date of receipt of a copy of this order. It is made clear that till such time the petitioners file appeal, the respondents shall not take any coercive steps against the petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[M.D.I., J.] [R.S.V., J.] 08.05.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 5/7
To 1.The District Collector, Madurai District Collector Office, 2.The Tasildhar, Madurai North Taluk, 3.The Zonal Deputy Tahsildar, Koolapandi Village, 4.The Revenue Inspector, Chathrapatti Incircle, Madurai North Taluk, 5.The Village Administrative Office, Kadavoor Village, Chathrapatti, 6/7
M.DHANDAPANI, J.
and R. SAKTHIVEL, J.
abr 08.05.2025 7/7