Fr.I.Amalan v. The District Collector

WMP(MD) NO. 14919 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-03-2026

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA WMP(MD) NO. 14919 of 2020 IN REV.APLW(MD) SR NO. 43307 OF 2020

1. Fr.I.Amalan S/o.Irudayam Parish Priest Pudukkottai Dist throught his authorized agent G.Selvaraj S/o.A.Ganansigamani 4/126, Kamaraj Nagar Kumaragiri Thoothukudi Dist-628103.

Petitioner(s) Vs

1. The District Collector

2. The Superintendent of Police

3. The Inspector of Police Pudukottai Police Station Pudukottai

4. The Sub Inspector of Police Pudukottai Police Station Pudukottai

Thoothkudi District.

5. The Inspector General of Registration State of Tamilnadu Santhome High Road Chennai-4

6. The District Registrar

7. The Sub Registrar Pudukkottai sub Registrar Office

8. The Revenue Divisional officer Thoothukudi REvenue Division

9. The Tahsildar Pudukkottai Tk Respondent(s) For Petitioner(s):

M/s.P.R.Prithviraj M.Sam Eugine Jebakumar For Respondent(s):

M/s.G.Vairam Santhosh Addl. Govt. Pleader , For R1, R5 to R9 M/s.M.Sakthi Kumaran - Govt. Advocate (crl. Side) For R2 To R4 Prayer in W.M.P.(MD)No.14919 of 2020: This petition is filed under Section 5 of Limitation Act, to condone the delay of 203 days in filing the above review petition and thus render justice.

Prayer in Rev.Apl.w(MD)SR.No.42207 of 2020: This review application is filed to review the order dated 16.03.2020 made in W.P.(MD)No.3657 of 2020.

ORDER

(Order of the Court was made by the Hon'ble G.R.Swaminathan J.) Heard both sides.

2. The petitioner herein filed W.P.(MD)No.3657 of 2020 to restrain the respondents from interfering with the petitioner's possession and enjoyment of the property comprised in S.No. 320/1 and 320/4 in Kumaragiri Hamlet of Pudukkottai Village, Thoothukudi District.

3. The Division Bench noted that in respect of S.No.320/1, the petitioner is very much in possession and need not be disturbed. As regards S.No.320/4, the Hon'ble Division Bench observed as follows:- "It is well settled that possession follows title. When it is admitted that the property is a vacant land and it is Government poromboke land that vest with Government, it is deemed that the Government is in possession and enjoyment of the property. Hence, it is not necessary that they should initiate action for evicting the petitioner by following the procedures contemplated under the Land Encroachment Act. Hence, the submission of the petitioner, without any semblance of right or revenue document to show their title or enjoyment, cannot resist the proposal of the Government or the revenue to utilise the land for the purpose of establishing the Sub Registrar office."

4. This order was passed way back on 16.03.2020. We are now in March 2026. Six years have lapsed in the meanwhile. The petitioner admits that during the intervening period, the Government had also constructed the office of the Sub Registrar. Nothing survives for further

adjudication. This Writ Miscellaneous Petition is dismissed as infructuous. The Review Application is dismissed at the SR stage.

(G.R.SWAMINATHAN J.) (R.POORNIMA J.) 03-03-2026 rmi To

1. The District Collector

2. The Superintendent of Police

3. The Inspector of Police Pudukottai Police Station Pudukottai

4. The Sub Inspector of Police Pudukottai Police Station Pudukottai Thoothkudi District.

5. The Inspector General of Registration State of Tamilnadu Santhome High Road Chennai-4

6. The District Registrar

7. The Sub Registrar Pudukkottai sub Registrar Office

8. The Revenue Divisional officer

Thoothukudi REvenue Division

9. The Tahsildar Pudukkottai Tk