Arjunan v. The District Collector
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 12.12.2025
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.20623 of 2023 and W.M.P.(MD) No.17040 of 2023 Arjunan ... Petitioner Vs
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
3. The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.
4. Sakthi Kumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Revenue Divisional Officer, Ramanathapuram District, the second respondent herein to conduct enquiry and pass appropriate orders in the representation dated 24.07.2023 of the petitioner within a stipulated period in respect of house site patta issued in the name of the fourth respondent for Survey No. 1/5
261/44 situate at Keezhkudi village, Keezha Arumbur Revenue Village, Thinaiyathur post, Thiruvadanai taluk, Ramathapuram district. For Petitioner : Mr.S. Siva Thilakar For Respondents : Mr.A.Oliraja Government Advocate for R1 to R3 Mr.M.Divakaran for R4
O R D E R
This Writ Petition is filed seeking a direction to the second respondent herein to conduct an enquiry and pass appropriate orders in the representation dated 24.07.2023 of the petitioner within a stipulated period in respect of the house site patta issued in the name of the fourth respondent for Survey No.261/44 situate at Keezhkudi village, Keezha Arumbur Revenue Village, Thinaiyathur post, Thiruvadanai taluk, Ramathapuram District.
2. The learned counsel for the petitioner would submit that the third respondent has granted a house site patta to the fourth respondent. However, the fourth respondent has failed to put up a construction as per the terms and conditions enshrined in the assignment patta. However, after a lapse of 17 years, the fourth respondent is trying to put up a construction on the land, which is used as a pathway by the other allottees. Earlier, the very same land was allotted to someone and due to 2/5
failure to construct any building as per the terms, the patta was cancelled and re-allotted to the fourth respondent. Further, the fourth respondent already has a land in his favour and hence, the patta granted to the fourth respondent is required to be cancelled. In this regard, the petitioner submitted a representation dated 02.07.2023, but the same has not been considered. Hence, the present case.
3. The learned Government Advocate for the respondents 1 to 3 has placed a reliance on the communication of the Tahsildar, Thiruvadanai, dated 21.07.2023, wherein it is stated that the fourth respondent is constructing a house on the land which was allotted to him and there is no encroachment. Further, he would submit that the fourth respondent had no other land at the time of allotment.
4. I have heard the submissions made by either side and perused the available records.
5. According to the respondents 1 to 3, the fourth respondent is constructing the house on the land which was allotted to him and there is no encroachment. Further, there was no other property acquired by him at 3/5
the time of allotment. In view of the same, this Court is of the view that at the time of allotment, if the fourth respondent had acquired some other property, that would affect the allotment and further, the subsequent purchase will not affect the allotment. Further, the cancellation of allotment to the fourth respondent is illegal to the petitioner, as the construction was made on the land allotted to him. Such being the case of the petitioner, there is no merit in this case.
6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
12.12.2025 Index : Yes/No Internet: Yes/No apd To
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2. The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
3. The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.
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KRISHNAN RAMASAMY, J.
apd W.P.(MD)No.20623 of 2023 12.12.2025 5/5