Velmurugan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.(MD)Nos.27560 to 27562 of 2025 and W.M.P.(MD).Nos.21450, 21451 & 21454 of 2025 Velmurugan ... Petitioner in W.P.(MD).No.27560 of 2025 Ravi ... Petitioner in W.P.(MD).No.27561 of 2025 Sethumadhavan ... Petitioner in W.P.(MD).No.27561 of 2025 -Vs1.The Secretary to Government, Municipal Administration, Water Supply Department, Chepauk, Chennai.

2.The District Collector, Ramanathapuram,

3.The Commissioner, Rameshwaram Municipality, Rameshwaram, 4.The Executive Officer, Rameshwaram Muncipality, Rameshwaram, 5.The Tahsildar, Rameshwaram Taluk, ... Respondents in all petitions COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, to issue Writs of Certiorarified Mandamus, calling for the records pertaining to the impugned orders passed by the third respondent in his proceedings bearing Na.Ka.No.916/A4/2021, dated 09.09.2025 and quash the same with the further direction directing the fifth respondent to issue patta to the petitioners.

For Petitioners : Ms.A.Banumthy For R-1 & R-2 : Mr.A.Baskaran, Additional Government Pleader For R-3 : Mr.K.Saravanan [In all Writ Petitions]

COMMON ORDER [Order of the Court was made by M.DHANDAPANI,J.] These Writ Petitions have been filed seeking to quash the impugned orders passed by the third respondent in his proceedings bearing Na.Ka.No. 916/A4/2021, dated 09.09.2025 and for a consequential direction to the fifth respondent to issue patta to the petitioners. 2.Learned Counsel for the petitioners would submit that the petitioners are in occupation of the subject lands and they made an application before the original authority for grant of patta in their favour and when the patta proceedings were pending, the respondents initiated proceedings under Section 128 of "the Tamil Nadu Urban Local Bodies Act, 1998" [hereinafter referred to as 'the Act'], vide the impugned orders. Challenging the same, the petitioners are before this Court with the present Writ Petitions.

3.Learned Counsel for the petitioner would submit that when the patta proceedings are pending before the original authority, without disposing of the patta proceedings, issuing proceedings under Section 128 of the Act is not sustainable. On this sole ground, these Writ Petitions have been filed.

4.However, when this Court posted a question to the petitioners to establish their title over the subject properties, it was submitted by the petitioners that the petitioners are not in possession of pattas and they have made an application before the revenue officials for grant of patta. 5.Admittedly, when the petitioners are not in possession of pattas, they cannot claim right over the subject properties. Further, the impugned proceedings have been initiated only pursuant to a direction issued by this Court in W.P. (MD)Nos.9778 to 9789 of 2023 dated 28.07.2025. Hence, this Court does not find any merit in these Writ Petitions.

6.Accordingly, these Writ Petitions are dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [M.D.I.,J.] & [M.J.R, J.] 03.10.2025 NCC : Yes / No Index : Yes / No MR

To 1.The Secretary to Government, Municipal Administration, Water Supply Department, Chepauk, Chennai.

2.The District Collector, Ramanathapuram, 3.The Commissioner, Rameshwaram Municipality, Rameshwaram, 4.The Executive Officer, Rameshwaram Muncipality, Rameshwaram, 5.The Tahsildar, Rameshwaram Taluk,

M.DHANDAPANI,J.

AND M.JOTHIRAMAN , J.

MR W.P.(MD)Nos.27560 to 27562 of 2025 03.10.2025