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Madras High CourtWP(MD)/18047/2026disposed of

J.George, v. The State Of Tamil Nadu,

2026-06-29Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.18047 of 2026 J.George ...

Petitioner Vs.

1. The State of Tamil Nadu Rep by its Chief Secretary to Government, Fort St.George, Chennai - 09.

2. The Commissioner, Land Administration Department, Chepauk, Chennai -05.

3. The District Collector, Kanyakumari District, At Nagercoil.

4. The Tahsildar, Killiyoor, Kanyakumari District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider and grant 1/6

assignment of 10 acres of dry land or 5 acres of wet land to the petitioner, being the legal heir and son of Late Freedom Fighter Shri.P. Joseph, under the Government Scheme formulated for assignment of lands to Freedom Fighters and their legal heirs, by considering the petitioner's representations including the representation dated 18.04.2022 and subsequent representations, within a time frame as may be fixed by this Court.

For Petitioner : Mr.A.Ajin Singh For Respondents : Mr.S.Siva Thilakar Counsel for the State of Tamil Nadu

O R D E R

This petition has been filed seeking to direct the respondents to consider and grant assignment of 10 acres of dry land or 5 acres of wet land to the petitioner, being the legal heir and son of Late Freedom Fighter Shri.P. Joseph, under the Government Scheme formulated for assignment of lands to Freedom Fighters and their legal heirs, by considering the petitioner's representations including the representation dated 18.04.2022 and subsequent representations, within a time frame as may be fixed by this Court. 2/6

2. The learned counsel appearing for the petitioner submitted that the petitioner is the son and legal heir of the late Freedom Fighter Shri P. Joseph and is entitled to seek assignment of land under the Government Scheme formulated for the benefit of Freedom Fighters. It was further submitted that the petitioner's mother had earlier submitted an application seeking such assignment; however, the respondents failed to consider the same. Since the petitioner's mother has subsequently died, the petitioner, being the legal heir, has pursued the claim by seeking assignment of land under the said Scheme.

3. The learned counsel appearing for the State/respondents submitted that the petitioner's application was rejected on the ground that no suitable extent of land was available for assignment.

4. This Court is of the considered view that the said contention of the learned counsel appearing for the State/respondents cannot be accepted. Even if an extent of 10 cents of land is not available in Kanyakumari District, the respondents are under an obligation to consider the petitioner's request for 3/6

assignment of a smaller extent of land suitable for agricultural purposes. If such land is not available in Kanyakumari District, the respondents shall explore the possibility of assigning suitable land in any other district, in accordance with the applicable Government Scheme and relevant rules. Accordingly, the second respondent is directed to consider the petitioner's application afresh and pass appropriate orders, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. 29.06.2026 Index : Yes / No Internet : Yes NCC : Yes / No msrm Note: Issue order copy on 02.07.2026 4/6

To

1. The Chief Secretary to Government, Fort St.George, Chennai - 09.

2. The Commissioner, Land Administration Department, Chepauk, Chennai -05.

3. The District Collector, Kanyakumari District, At Nagercoil.

4. The Tahsildar, Killiyoor, Kanyakumari District.

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S.SRIMATHY, J msrm Order made in W.P.(MD)No.18047 of 2026 29.06.2026 6/6