Seeni Musthafa v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.21490 and 23041 of 2024 Seeni Musthafa ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Ramanathapuram, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram, 3.The Tahsildar, Office of the Tahsildar, Keelakkarai, 4.The Assistant Director, Department of Health and Family Welfare, Kenikkarai,

5.The Medical Officer, Primary Health Care Centre, Periyapattinam, Keelakkarai Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondents No.1 to 3 to remove the encroachment over public property situated in S.No.72, to an extent of 3 Acres, Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District in pursuance to the representation of the petitioner dated 30.09.2024. (Survey Number amended vide order dated 29.11.2024 passed in W.M.P.(MD).No.23043 of 2024 in W.P.(MD).No.25305 of 2024) For Petitioner : Mr.H.Mahamed Hussain For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The present Writ Petition is filed for Mandamus to direct the respondents 1 to 3 to remove the encroachment over public property situated in S.No.72, to an extent of 3 Acres, Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District in pursuance to the representation of the petitioner dated 30.09.2024.

2. The grievance of the petitioner is that an extent of 3 acres of lands in Survey No.72/2 in Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District, were gifted to the Government for the purpose of constructing a Primary Health Centre. It is now alleged that the Government has put up the Primary Health Centre in only 1.57 acres of land and the remaining portion of the land is under illegal occupation of the private individuals.

3. The Tahsildar/third respondent herein has filed a counter affidavit, wherein, it is stated that though 3 acres of land in Survey No.72/2 was originally gifted, the same was under illegal occupation earlier by independent parties. However, mutation of revenue records have been effected in Survey No.72/2 and pattas were issued in favour of individuals in the following manner:

Survey/ SubDn.No.

Classification Extent in ares Patta No. and name of the Registered Pattadar 72/2A1A Ryot-dry 0.13.00

746. M.Saheed 72/2A1B Ryot-dry 0.85.00

692. Jamaludeen Pallivasal 72/2A2 Ryot-dry 0.32.00

414. Fasul Hug 72/2B1 Ryot-dry 0.34.00

478. M.Mammd Pousia Beebi 72/B2 Ryot-dry 0.24.00

731. S.Hameedammal 72/B3 Ryot-dry 0.02.00

477. Mamd Abdul Kadar

72/2B4 Ryot-dry 0.02.00

384. A.Nazeer 72/2B5 Ryot-dry 0.02.00

731. S.Hamedammal Beevi 72/2B6 Ryot-dry 0.02.50

731. S.Hamedammal Beevi 72/2B7 Ryot-dry 0.02.50

7. S.Abdul Kadar 72/3 Ryot-dry 0.62.00 67.

Govt Hospital Periyapattinam 72/4 Ryot-dry 0.08.00

414. A.Fasool Hug 72/5 Ryot-dry 1.57.50

504. Chief Educational Officer, Ramanathapuram District.

4. From the aforesaid table of mutation of revenue records, it can be seen that an extent of 0.62.00 ares in Survey No.72/3 stands in the name of the Government Hospital, Periyappatinam, while the rest of the mutations have been done in favour of individuals. When patta has been granted in favour of the individuals, it cannot be termed as illegal occupation or encroachment.

5. Incidentally, the counter affidavit also refers to an earlier Writ Petition filed by one Jalal Jamal Jummah Mosque represented by its President, Haji Mohammed Meerasa, in W.P.(MD).No.18351 of 2022 for a similar relief, which was disposed of by this Court on 28.09.2022. When the cause of action was already addressed before this Court and final orders were also passed in the aforesaid Writ Petition, entertaining the present Writ Petition for a similar relief

is not legally permissible. On this ground also, this Writ Petition does not deserve consideration.

6. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (M.S.R.,J.) (A.D.M.C.,J.) 29.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Office of the District Collector, Ramanathapuram, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram, 3.The Tahsildar, Office of the Tahsildar, Keelakkarai,

4.The Assistant Director, Department of Health and Family Welfare, Kenikkarai, 5.The Medical Officer, Primary Health Care Centre, Periyapattinam, Keelakkarai Taluk,

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 29.11.2024