Rajaram V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR V.Rajaram ... Petitioner Vs.

1.The District Collector, Tuticorin District, Collectorate, Korampallam, Tuticorin - 628 101.

2.The Commissioner, Tuticorin City Municipal Corporation, No.113, Palai Road, Tuticorin - 628 002.

3.The Tahsildar, Tuticorin Taluk, Ratna Colony, Toovipuram, Tuticorin - 628 002.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to implement the letter dated 28.11.2024 addressed by the second

respondent in his proceedings in Na.Ka. No.01858/F1/2024 Ki.Ma, to the third respondent, to cancel the pattas, if any, issued to the occupiers of the public South Cotton Road, situated in S.Nos.1139/57 and 1142/1 within a time frame as may be fixed by this Court. For Petitioner : Mr.P.Jessi Jeeva Priya For R1 to R3 : Mr.M.Gangatharan Government Advocate

ORDER

The petitioner herein seeks a direction to the third respondent to implement the letter dated 28.11.2024, addressed by the second respondent in his proceedings No.Na.Ka. No.01858/F1/2024 Ki.Ma, to the third respondent seeking cancellation of patta issued in favour of occupants of South Cotton Road situated in Survey Nos. 1139/57 and 1142/1, in block No.9, Thoothukudi Corporation.

2. According to the petitioner, the access road to his property namely South Cotton Road, Thoothukudi Corporation has been encroached by third parties. Therefore, he submitted a representation before the second respondent, seeking removal of the encroachment. The

second respondent, in turn, addressed a letter to the third respondent in his communication dated 28.11.2024, requesting the third respondent to cancel the patta issued in favour of the occupants of the public road. Thereafter, the third respondent has not taken any action. Therefore, the petitioner has come before this Court.

3. The learned Government Advocate appearing for respondents 1 and 3 would submit that the letter sent by the second respondent will be considered on its own merits, within the time fixed by this Court.

4. In view of the same, without expressing any opinion on the merits of the matter, the third respondent is directed to consider the request made by the second respondent in his letter in Na.Ka.No. 01858/F1/2024 Ki.Ma dated 28.11.2024 and pass final orders on its own merits after giving due opportunity to the petitioner and the alleged occupants of the South Cotton Road, Thoothukudi, within a period of fourteen (14) weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed. No costs. + 03.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No pnn To 1.The District Collector, Tuticorin District, Collectorate, Korampallam, Tuticorin - 628 101. 2.The Commissioner, Tuticorin City Municipal Corporation, No.113, Palai Road, Tuticorin - 628 002.

3.The Tahsildar, Tuticorin Taluk, Ratna Colony, Toovipuram, Tuticorin - 628 002.

S. SOUNTHAR , J.

pnn Dated: 03.07.2025