G.Vasukinathan v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR G.Vasukinathan ... Petitioner Vs

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Sub Collector, Paramakudi, Ramanathapuram District.

3. The Special Thasildhar (Aadhi Thiravidar Welfare Department), Paramakudi, Ramanathapuram District.

4. Duraikannu

5. Andi

6. Panchavarnam

7. Muniyasamy

8. Murugesan

9. Paruvatham

10. Andi 1/9

11. Karuppaiah

12. Pathinettu

13. Karuppi

14. Andi

15. Paulraj

16. Arumugam

17. Sivaji

18. Dhinakaran

19. Krishnamoorthy

20. Paulpandi

21. Kaali

22. Arumugam

23. Panchavarnam

24. Pandi

25. Devaraj

26. Karuppaiah

27. Vellaiyan

28. Karuppaiah

29. Saravanan

30. Kalimuthu

31. Muniyandi 2/9

32. Murugesan

33. Raman

34. Velu

35. Arumugam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 3rd respondent herein to pass orders in view of the memo issued by the 1st respondent dated 12.12.2020 and to cancel the pattas issued in favour of the respondents 4 to 35 in respect of the petitioner's land to an extent of 0.42.0 hectares in survey No.124-1C situated at Theeyanur Group, Paramakudi Taluk, Ramanathapuram District within the time stipulated by this Court.

For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader for R1 to R3 R4 to R11, R15, R17, R18, R20, R22, R23, R24, R25, R26, R28, R30 & R32 - No Appearance R12 to R14, R16, R19, R21, R27, R31, R33, R34 and R35 - Died

O R D E R

This Writ Petition is filed seeking a direction to the third 3/9

respondent to act as per the memo issued by the first respondent dated 12.12.2020 and to cancel the pattas issued in favour of the respondents 4 to 35 in respect of the petitioner's land with an extent of 0.42.0 hectares in survey No.124/1C situated in Theeyanur Group, Paramakudi Taluk, Ramanathapuram District.

2. Heard the arguments of Mr.K.Sudalaiyandi, learned counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 to 3.

3. According to the petitioner, the subject property belonged to his father Ganesan. The petitioner's land was acquired for providing free house site patta to the persons belonging to Schedule Caste and Schedule Tribe community. It is further stated by the petitioner that the official respondents selected ineligible persons as beneficiaries and issued patta to respondents 4 to 35. Therefore, the petitioner submitted a representation before the first respondent seeking cancellation of patta issued in favour of private respondents and seeking issuance of patta in his name. The first respondent in his proceedings in O.Mu.P. 2/46030/2020, dated 12.12.2020, forwarded the representation of the 4/9

petitioner to the third respondent for necessary action. Thereafter, there was no progress. Hence, the petitioner approached this Court with the instant Writ Petition with the instant prayer.

4. It is seen from the averments found in the affidavit filed in support of this Writ Petition as well as the avernments found in the counter affidavit, the subject land was acquired by the Government for providing free house site to the persons belonging to the Schedule Caste and Schedule Tribe community. The compensation for the acquired land was also fixed as Rs.4,819/- by the order of the third respondent dated 14.11.1997. The petitioner herein filed a Writ Petition in W.P.(MD)No. 19039 of 2016, seeking declaration that the acquisition proceedings got lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The said Writ Petition was dismissed on 24.06.2021, wherein it was observed that the petitioner received the amount as early as on 12.12.1997 and hence, the declaration sought for could not be granted.

5. Therefore, it is clear that the acquisition proceedings was challenged by the petitioner before this Court in a Writ Petition and the 5/9

said Writ Petition got dismissed. Therefore, as on today, the petitioner has no interest in the property and the same was acquired by the Government and distributed to the beneficiaries viz., respondents 4 to 35.

6. In these circumstances, the request made by the petitioner for issuance of patta cannot be considered. The first respondent ought not have forwarded the representation of the petitioner to the third respondent for consideration. In any event, in the light of the facts narrated above, the petitioner has no right even to maintain a Writ Petition seeking the above said prayer. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. 10.07.2025 vsm Index: Yes/No Internet: Yes/No 6/9

To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Sub Collector, Paramakudi, Ramanathapuram District.

3. The Special Thasildhar (Aadhi Thiravidar Welfare Department), Paramakudi, Ramanathapuram District 7/9

S.SOUNTHAR, J.

vsm W.P (MD) No.28177 of 2022 8/9

10.07.2025 9/9