Al.Chinnaiya v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA AL.Chinnaiya ... Petitioner vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Revenue Divisional Officer, Illupur Taluk, Pudukottai District.

3. The Special Tahsildar, Adi Dravidar Welfare Department, Poonamaravathy Taluk, Pudukottai District.

4. Vijaya ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd respondent to 1/6

remove the encroachment made by the 4th respondent on the government land which is allotted for future use in S.F.No.214/5, situated in Sevaloor Village, Ponnamaravathy Taluk, Pudukottai District based on the petitioner's representation dated 17.07.2025.

For Petitioner : Mr.N.Kamesh For R1 - R3 : Mr.P.Thilak Kumar Government Pleader

O R D E R

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This writ petition has been filed for issuance of a writ of Mandamus, directing the third respondent to remove the encroachment made by the fourth respondent on the government land allotted for future use in S.F.No.214/5, situated in Sevaloor Village, Ponnamaravathy Taluk, Pudukottai District based on the petitioner's representation dated 17.07.2025.

2. Heard Mr.N.Kamesh, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

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3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.

4. The petitioner asserts that earlier, the Government of Tamil Nadu announced a Special Scheme for issuance of free house site pattas for the downtrodden people in S.F.No.214/5, situated in Sevaloor Village, Ponnamaravathy Taluk, Pudukottai District. The grievance of the petitioner is that the fourth respondent has unlawfully constructed a house on the said land, which is reserved for future use under the scheme. In this regard, the petitioner submitted a representation dated 17.07.2025, to the official respondents, which, according to the learned counsel for the petitioner, remains unattended. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the third respondent, to consider the representation of the petitioner dated 17.07.2025, in accordance with law. 3/6

5. Considering the limited scope of the prayer now sought for by the petitioner, without going into the merits of the case, this Writ Petition is disposed of with a direction to the third respondent, to consider the representation of the petitioner dated 17.07.2025 and pass appropriate orders in accordance with law, after affording an opportunity of hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the official respondents to consider the same on its own merits. No costs.

[A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6

To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Revenue Divisional Officer, Illupur Taluk, Pudukottai District.

3. The Special Tahsildar, Adi Dravidar Welfare Department, Poonamaravathy Taluk, Pudukottai District.

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

PKN ORDER MADE IN DATED : 01.08.2025 6/6