Karmegam S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD) No.15501 of 2025 and W.M.P.(MD) No.11729 of 2025 S. Karmegam ... Petitioner Vs.

1. The District Collector, O/o. the District Collector, Virudhunagar District.

2. The District Revenue Officer, Virudhunagar, Virudhunagar District.

3. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4. The Tahsildhar, Sivakasi Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, forbearing the respondents from taking possession of the petitioner's lands bearing in S.No.44/2, Namaskariththanpatti Village, Sivakasi Taluk, Virudhunagar District Page No. 1 of 6

without following due process of law by considering the petitioner's representation dated 03.06.2025 within time stipulated by this Court. For Petitioner : Mr. K.Dinesh For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

The present writ petition is filed for mandamus forbearing the respondents from taking possession of the petitioner's lands bearing in S.No.44/2, Namaskariththanpatti Village, Sivakasi Taluk, Virudhunagar District without following due process of law by considering the petitioner's representation dated 03.06.2025.

2. Mr.M.Lingadurai, learned Special Government Pleader takes notice for the respondents.

3. The contention of the petitioner is that the respondents are taking steps to evict the petitioner from the land in Survey S.No.44/2, Namaskariththanpatti Village, Sivakasi Taluk, Virudhunagar District, Page No. 2 of 6

which is classified as Government land. But the petitioner is in possession of the land based on the patta issued in the name of his grandfather. The petitioner further stated that there are 14 legal heirs for his grandfather and there is a dispute among legal heirs regarding the properties including the present property, hence the patta still stands in the name of the grandfather and not in the name of the legal heirs. Furthermore, stated that along with the petitioner, there are 10 more persons staying in the said land. The Sub Collector has sought for a report how the patta was issued to them and based on the said report the respondents would take action and evict the petitioner.

4. In the meanwhile, the petitioners have submitted a representation dated 03.06.2025 to consider and grant patta.

5. This Court without expressing any opinion on the merits of the case is directing the respondents to consider the petitioner's representation dated 03.06.2025 and pass appropriate orders. While considering the said representation the respondents shall also consider for issuing patta based on the G.O., wherein the said G.O. grants power for the respondents to Page No. 3 of 6

grant patta based on the long possession of the land. If the petitioner is entitled to the benefits of the said G.O., the respondents shall consider the same as per the G.O as well. Until the order is passed in the above representation, the respondents shall not evict the petitioner.

6. With this direction, this writ petition is disposed of. No costs. Consequently, connected writ miscellaneous petitions is closed. 09.06.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 4 of 6

To

1. The District Collector, O/o. the District Collector, Virudhunagar District.

2. The District Revenue Officer, Virudhunagar, Virudhunagar District.

3. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4. The Tahsildhar, Sivakasi Taluk, Virudhunagar District.

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S.SRIMATHY , J.

Mac W.P(MD) No.15501 of 2025 and W.M.P.(MD) No.11729 of 2025 09.06.2025 Page No. 6 of 6