Boomminayakkar A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.11620 of 2025 S.Boomminayakkar ... Petitioner Vs

1. The District Collector, Collectorate Campus, Dindigul District.

2. The Assistant Director of Panchayat, O/o. the Assistant Director of Panchayat, Dindigul District, Dindigul.

3. The Block Development Officer, O/o. the Block Development Office, Reddiyar Chathiram, Dindigul District.

4. The Thasildar, O/o. the Thasildar, Dindigul West, Dindigul.

1/5

5. K.Ponraj ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 and 2 to conduct the enquiry and dispossess the petitioner's family deity Mattu Tholuvam (Cattle Yard) from respondents 3 and 4, based on the petitioner's representation dated 23.05.2025 within the stipulated time as fixed by this Court. For petitioner : Mr. V.Muthusamundeeswaran For respondents : Mr.D.Ghandiraj Special Government Pleader for R1, R2 & R4 Mr.G.Sasikumar Additional Government Pleader for R3 *****

ORDER

This Writ Petition is disposed of at the time of admission, after hearing the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1, 2 and 4 and learned Additional Government Pleader for the third respondent and after dispensing with the notice to the fifth respondent as no adverse orders are proposed to be passed.

2. The petitioner is before this Court for the relief to direct the respondents 2/5

1 and 2 to conduct the enquiry and dispossess the petitioner's family deity Mattu Tholuvam (Cattle Yard) from respondents 3 and 4, based on the petitioner's representation dated 23.05.2025.

3. It is the specific case of the petitioner that in the land belongs to the petitioner's family, the respondents 3 and 4 have permitted the fifth respondent to put up construction.

4. When this case was taken up for hearing, the learned Special Government Pleader for the respondents 1, 2 and 4 has produced the documents regarding issuance of patta in respect of the subject land to the fifth respondent. It is on the strength of the aforesaid patta, the fifth respondent appears to be put up construction in the land to which the petition claims right as a member of the land.

5. Since the pata has already been issued, it is for the petitioner to take steps to cancel the patta by filing appeal under Section 12 of the Tamil Nadu Patta Passbook Act, 1983.

3/5

6. In case, the petitioner desires any status quo to be maintained regarding possession of land, it is for the petitioner to move before the appropriate Civil Court by filing appropriate suit.

7. This Writ Petition is disposed of with above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 09.06.2025 Internet : Yes / No apd To

1. The District Collector, Collectorate Campus, Dindigul District.

2. The Assistant Director of Panchayat, O/o. the Assistant Director of Panchayat, Dindigul District, Dindigul.

3. The Block Development Officer, O/o. the Block Development Office, Reddiyar Chathiram, Dindigul District.

4. The Thasildar, O/o. the Thasildar, Dindigul West, Dindigul.

4/5

C.SARAVANAN, J.

apd 09.06.2025 5/5