Amali v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)Nos.13217 to 13219 of 2026

1. Amali

2. R.Paramasivam ... Petitioners Vs.

1. The District Collector, Madurai, Madurai District.

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

3. The Divisional Engineer, Construction and Maintenance, Madurai West Zone, State High Ways Road, Madurai - 2.

4. The Commissioner, Madurai City Corporation, Madurai.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 2nd Respondent in Na.Ka.No. 178/2024/B5 dated 19.06.2025 and consequential impugned order passed by the 1/5

3rd Respondent in Thakeethu No.3/2025/(SH-72A)/E.Va.A/dated 16.07.2025 and quash the same as illegal and consequently direct the 2nd Respondent to conduct a proper enquiry by giving opportunity of hearing to the Petitioners and to grant patta, by considering the earlier recommendations of the Respondents 2, 3 and 4 for grant of patta to the Petitioners for their properties in Survey No. 54/2, Tallakulam Village, Madurai Corporation, now classified in T.S.No.23/2, Block No.6, Ward No.21, Madurai Corporation.

For Petitioners : Mr.Purushothaman for Mr.K.N.Vijayasenthil Kumar For R1 to R3 : Mr.S.Venkatesh, Counsel for State For R4 : Mr.R.Murali, Standing Counsel

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) WMP(MD)No.13217 of 2026 to permit the petitioners to file single writ petition is allowed.

2. Challenging the order dated 19.06.2025 passed by the 2nd respondent and the consequential order dated 16.07.2025 passed by the 3rd respondent, this writ petition is filed.

3. Learned counsel for the petitioners would submit that patta was granted to the subject property. He also drew our attention to the encumbrance certificate relating to the property, wherein, there are sale transactions pertaining to the subject property and according to the learned counsel, based on those deeds, patta was granted. According to him, now the petitioners' 2/5

application is pending and the Tahsildar has called for report. However, another Tahsildar has issued the impugned order. Hence, this writ petition.

4. We have perused the records.

5. The very same impugned orders were the subject matter of W.P(MD)No.30289 of 2025 wherein, the present petitioner was impleaded as 5th respondent. Since it was stated that the Highways department identified the encroachers, we dismissed the said writ petition by order dated 15.06.2026 with a direction to the authorities to remove the encroachments as per law within two months.

6. We are of the view that the second writ petition challenging the very same orders cannot be maintained. However, since the petitioners are relying upon some documents, it is well open to them if so aggrieved by the earlier order of this Court to file a review of the order.

7. The Writ Petition, is accordingly, dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 25.06.2026 : Yes / No 3/5

bala To

1. The District Collector, Madurai, Madurai District.

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

3. The Divisional Engineer, Construction and Maintenance, Madurai West Zone, State High Ways Road, Madurai - 2.

4. The Commissioner, Madurai City Corporation, Madurai.

4/5

N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

25.06.2026 5/5