N.Selvam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)Nos.21883, 21884, 21885, 21886,21887,21889, 21890 and 21891 of 2025 N.Selvam ... Petitioner in W.P.(MD)No.21883 of 2025 S.Pathamuthu ... Petitioner in W.P.(MD)No.21884 of 2025 S.Selvi ... Petitioner in W.P.(MD)No.21885 of 2025 P.Karuppaiya ... Petitioner in W.P.(MD)No.21886 of 2025 C.Marimuthu ... Petitioner in W.P.(MD)No.21887 of 2025 Agalya ... Petitioner in W.P.(MD)No.21889 of 2025 B.Pavalakodi ... Petitioner in W.P.(MD)No.21890 of 2025 R.Pushpam ... Petitioner in W.P.(MD)No.21891 of 2025 Vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The District Revenue Officer, Pudukkottai District, Pudukkottai.
3.The Tahsildar, Alangudi Taluk, Alangudi, Pudukkottai District.
4.The Executive Officer, Alangudi Town Panchayat, Alangudi, Pudukkottai District.
... Respondents in all Writ Petitions Common Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the Respondents No.1 to 3 to issue patta to the petitioner in respect of land about an extent of 0.01.0 Ares equalling 2.5 cents comprised in Survey Nos. 46 Alangudi Village, Alangudi Taluk, Pudukkottai district on the basis of the proceedings of the 1st Respondent in Na.Ka.No. E2, 47761/2020, dated 20.12.2000 and for other reliefs. For Petitioner : Mr.J.Lawrance For R1 to R3 : Mrs.K.Malathi Additional Government Pleader For R4 : Mr.P.Thambidurai Government Advocate (in all Writ Petitions)
ORDER
These writ Petitions are filed seeking a direction to the respondents 1 to 3 to issue patta to the petitioner in respect of the land situated in Survey Nos. 46 Alangudi Village, Alangudi Taluk, Pudukkottai District, in the light of the proceedings of the 1st Respondent in Na.Ka.No. E2, 47761/2020, dated 20.12.2000.
2. It is seen from the averments contained in the affidavits filed in support of these writ petitions and perusal of the typed set of papers, the survey No.46 in the above mentioned village was originally classified as a water body in the name of Ramachandrakulam. The total extent of the water body was 8.89.0 hectares. As per the proceedings of the first respondent in Na.Ka.No.E2.47761/2000 dated 20.12.2000, the above mentioned survey number was sub divided into 103 sub divisions. The sub divisions 1, 3, 15, 19, 21, 22, 42, 46, 50, 51, 53, 54, 57, 60, 64, 68, 73, 76, 78, 82, 87, 90, 98, 99, 101 were retained as water body namely Ramachandrakulam. The remaining sub divisions were reclassified as Natham. In the said proceedings, it was also ordered the persons who are
in possession of the sub divisions which were reclassified as Natham can be considered for issuance of patta. Now based on the said proceedings of the first respondent, the petitioners herein seek direction to the respondents to issue patta in their favour.
3. It is also seen from the typed set of papers, one Thangavelu filed writ petition before this Court in W.P.(MD)No.23977 of 2023, seeking action against the respondents 7 to 15 therein and removal of encroachment in the water body Ramachandrakulam in Survey Nos.46 and 46/1 situated in Andikulam, Alangudi Post and Taluk, Pudukottai District. After hearing the parties, the said writ petition was disposed of with the following directions :
" 3. The third respondent is directed to conduct survey. Before conducting survey, he has to issue notices to all the interested parties / encroachers. Based on the result of the survey, the fifth respondent will take action for removal of encroachments under the provisions of Tamil Nadu Urban Local Bodies Act, 1998. We make it clear that the fifth respondent will have to necessarily adhere to due process of law. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order."
4. In view of the direction issued by the Hon'ble Division Bench for removal of the encroachment in the water body, this Court without expressing any opinion on the merits of the matter, is inclined to direct the first respondent to consider the representation of the petitioners dated 16.07.2025 and conduct survey as per the direction issued by the Hon'ble Division Bench in W.P.(MD)No.23977 of 2025. If the petitioners are found to be encroachers of the water body Ramachandrakulam, then action shall be taken for removal of the encroachment. On the other hand, if the petitioners are in possession of the Natham land as claimed by them, then their claim for issuance of patta shall be considered on its own merits and in accordance with law.
5. With these direction, these Writ Petitions are disposed of. No costs.
11.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No pnn
S. SOUNTHAR , J.
pnn To 1.The District Collector, Pudukkottai District, Pudukkottai. 2.The District Revenue Officer, Pudukkottai District, Pudukkottai. 3.The Tahsildar, Alangudi Taluk, Alangudi, Pudukkottai District. 4.The Executive Officer, Alangudi Town Panchayat, Alangudi, Pudukkottai District.
21887,21889, 21890 and 21891 of 2025 Dated: 11.08.2025