Madras High CourtWP(MD)/21351/2025disposed of

V.Muthirulappan v. The District Collector

2025-08-05Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.16478 of 2025 V.Muthirulappan ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The District Revenue Officer Virudhunagar, Virudhunagar District.

3. The Revenue Tahsildar, Taluk Office, Vathirairuppu, Virudhunagar District.

4. The Executive Officer, Town Panchayat, Sundarapandiam, Virudhunagar District.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents from conducting any activity including construction or digging in old Survey No. 413/2 in New Survey No. 1810/2024 to an extent of 21 cents situated at Harijana North 1/4

Street, Sundarapandiam Village, Virudhunagar District, based on the petitioner's representation dated 14.07.2025.

For Petitioner : Mr.PR.Boomeerajan For Respondents : Mr.R.Ragavendran for R1 to R3 : Mr.A.Oliraja Government Advocate for R4

ORDER

This Writ Petition has been filed for issuance of the Writ of Mandamus, to direct the respondents not to put up any construction or digging in old Survey No.413/2 in New Survey No.1810/2024 to an extent of 21 cents situated at Harijana North Street, Sundarapandiam Village, Virudhunagar District, based on the petitioner's representation dated 14.07.2025.

2. The learned counsel for the respondents submitted that New S.No. 1810/2024 is classified as sarkar poramboke. Further in the disputed place, already Ankanvadi centre was functioning. Since there was a proposal to reconstruct the same, the respondent is putting up the construction. Therefore, the petitioner cannot claim right over the said disputed site. However, on the other hand, the learned counsel for the petitioner submitted that he is having patta for the said property from 1943 onwards and he was in possession and enjoyment of 2/4

the same. If the petitioner claiming so then the proper remedy lies before the civil Court. Therefore, the prayer sought for in this writ petition cannot be entertained. Hence, this Writ Petition stands dismissed. However, liberty is granted to the petitioner to approach the Civil Court. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PJL To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The District Revenue Officer Virudhunagar, Virudhunagar District.

3. The Revenue Tahsildar, Taluk Office, Vathirairuppu, Virudhunagar District.

4. The Executive Officer, Town Panchayat, Sundarapandiam, Virudhunagar District.

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S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 05.08.2025 4/4