Mathiyalagan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and THE HON'BLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.16832 & 16849 of 2025 Mathiyalagan ... Petitioner in WP(MD)No.21736 of 2025 Chandrasekar ... Petitioner in WP(MD)No.21737 of 2025 Vs.

1.The Commissioner, Commissionerate of Land Administration, Chepauk, Chennai - 4.

2.The District Collector, Pudukkottai 3.The District Revenue Officer, Pudukkottai 4.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

5.The Assistant Commissioner, Hindu Religious Endowments Department, Pudukkottai, Pudukkottai District.

6.The Tahsildar Kulathur Taluk, 1/5

7.The Block Development Officer, (Village Panchayat), Annavasal Panchayath Union, ... Respondents Prayer in WP(MD). 21736/ 2025 : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the 6th respondent's impugned order dated 01.8.2025 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, to quash the same as illegal and consequently direct the 3rd respondent to issue patta to the petitioner by reclassifying his possessed lands and its extent of 0.01.0 Ares situated in Survey No.36/1 of Sathyamangalam Hamlet, Melur Village, Kulathur Taluk, Pudukkottai District according to law. Prayer in WP(MD).

21737/ 2025 : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the 6th respondent's impugned order dated 01.8.2025 under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, to quash the same as illegal and consequently direct the 3rd respondent to issue patta to the petitioner by reclassifying his possessed lands and its extent of 0.00.50 Ares situated in Survey No.36/1 of Sathyamangalam Hamlet, Melur Village, Kulathur Taluk, Pudukkottai District according to law.

In both cases :

For Petitioner : Mr.N.Palaniyandi For Respondents : Mr.A.Kannan, Additional Government Pleader for R1 to R3

ORDER

Heard both sides.

2.The petitioner challenges the order dated 01.08.2025 issued by the sixth respondent under Section 6 of the Tamil Nadu Land Encroachment Act, 2005. It is seen that the jurisdictional Tahsildar had already issued notice dated 08.10.2021. Challenging the same, the petitioner filed WP(MD)No.19557 of 2021. The writ petition was withdrawn on 29.10.2021 and liberty was given to the writ petitioner to file an appeal. Availing the said liberty, the writ petitioners filed an appeal before the District Collector. The appeal is pending. Therefore, the question of issuing one more order under Section 6 of the Act will not arise at all. The impugned order is quashed on the ground that it has been issued unnecessarily. We direct the District Collector, Pudukkottai to dispose of the petitioner's appeal on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this order.

3/5

3.These writ petitions are allowed. No costs. Connected miscellaneous petitions are closed.

[G.R.S., J.] & [B.P., J.] 28.08.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No Skm To 1.The Commissioner, Commissionerate of Land Administration, Chepauk, Chennai - 4.

2.The District Collector, Pudukkottai 3.The District Revenue Officer, Pudukkottai 4.The Revenue Divisional Officer, Illuppur, Pudukkottai District.

5.The Assistant Commissioner, Hindu Religious Endowments Department, Pudukkottai, Pudukkottai District.

6.The Tahsildar Kulathur Taluk, 7.The Block Development Officer, (Village Panchayat), Annavasal Panchayath Union, 4/5

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

Skm and WMP(MD)Nos.16832 & 16849 of 2025 28.08.2025 5/5