A.Karuppusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN A.Karuppusamy ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai District.

4.Mookan 5.Dhanasekar 6.Dineshkumar ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment made by the respondents 4 to 6 in Survey No. 46/1 at Moolakurichi Village, Vayalur Post, Madurai District based on the petitioner's representation dated 02.09.2020. For Petitioner : No appearance For RR 1 to 3 : Mr.J.Ashok Additional Government Pleader For RR 4 to 6 : Mr.M.Venkatesan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of Mandamus has been instituted to direct the respondents to remove the encroachment made by the respondents 4 to 6 in Survey No.46/1 at Moolakurichi Village, Vayalur Post, Madurai District, based on the petitioner's representation dated 02.09.2020. 2/6

2.The Tahsildar, Madurai North Taluk has issued written instructions vide letter dated 14.07.2025. The letter reveals that the respondents 4 to 6 are not eligible to avail free house site patta under Revenue Standing Order 21. Therefore, the respondents 4 to 6 have been construed as encroachers of Government land and action has been initiated to remove them.

3.Even in respect of Grama Natham lands, it is to be assigned only for dwelling purposes to landless poor persons in accordance of the Revenue Standing Order 21. That being the factum, mere occupation, in the absence of any valid assignment, cannot be approved by the Courts. 4.In the present case, the learned counsel appearing for the respondents 4 to 6 submitted that the fourth respondent has been in occupation of the said subject land for many years and is approaching the authorities seeking assignment.

3/6

5.Per contra, the learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the respondents 4 to 6 are found to be ineligible for free assignment of a house site patta under the Government welfare scheme.

6.In view of the above, the official respondents are directed to initiate all necessary enforcement actions to protect the Government property and regulate the same in the manner known to law. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [G.A.M.,J.] 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai District.

5/6

S.M.SUBRAMANIAM , J.

and G.ARUL MURUGAN , J.

ps ORDER MADE IN DATED : 11.08.2025 6/6