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Madras High CourtWP(MD)/24285/2025disposed of

Johny Middle School v. The District Collector

2025-09-09Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.24285 of 2025 and W.M.P(MD)No.19050 of 2025 Johny Middle School, Rep. By its Correspondent, Mr.V.Antony Benildus.

...Petitioner

Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2. The District Revenue Officer, Tirunelveli District, Tirunelveli.

3. The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

4. The Revenue Inspector, Samugarengapuram, Radhapuram Taluk, Tirunelveli District.

5. Santhanam

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to assign patta to an extent of 66.69 cents of land comprised in Natham S. No.199/1 of Kumbikulam Village, Radhapuram Taluk, Tirunelveli District, to the petitioner school based on the petitioner's representations dated 23.07.2025 and 20.08.2025.

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For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.P.Thambidurai Government Advocate for R1 to R4 * * * * *

ORDER

The Correspondent of the Johny Middle School has presented this writ petition seeking a direction for the consideration of the representation requesting for an assignment of an extent of 66.69 cents of land, which is adjacent to the land owned by the School.

2.Learned Counsel for the petitioner relies upon multiple sale deeds and submits that the School has been in possession and enjoyment of the above mentioned 66.69 cents of land for a considerable period of time. In spite of submitting several representations seeking an assignment of such land at market value, he submits that the official respondents have not been taken action thereon.

3.Learned Government Advocate accepts notice on behalf of the respondents 1 to 4. He submits that the matter would be considered at the level of the Commissioner of Land Administration in view of the extent and value of the land concerned. Therefore, he seeks 12 weeks' time to consider and dispose of the writ petition.

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4.In the affidavit, it is stated that the fifth respondent has raised objection to the petitioner's continued use of the land. In view thereof, it is just and necessary to provide a reasonable opportunity to the fifth respondent before action is taken on the petitioner's representation. On account of this direction, notice to the fifth respondent is dispensed with in this writ petition. 5.Accordingly, without expressing any opinion on the merits, the first respondent is directed to consider and dispose of the petitioner's representation, including the last representation dated 20.08.2025, within 12 weeks from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner, the fifth respondent and any other persons with interest in the relevant land. No costs. Consequently, connected writ miscellaneous petition is also closed.

09.09.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

SENTHILKUMAR RAMAMOORTHY , J.

RJR To 1.The District Collector, Tirunelveli District, Tirunelveli.

2. The District Revenue Officer, Tirunelveli District, Tirunelveli.

3. The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

4. The Revenue Inspector, Samugarengapuram, Radhapuram Taluk, Tirunelveli District.

W.P.(MD)No.24285 of 2025 09.09.2025 4/4