Ilavendan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.24602 of 2025 Ilavendan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Panchayat Board, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Thirupuvanam, 4.The Executive Officer, Thirupuvanam Town Panchayat, 1/5

5.The Inspector of Police, Thirupuvanam Police Station, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.89/2023/A2 dated 23.10.2025 passed by the fourth respondent and quash the same as illegal and consider the petitioner's representation dated 16.09.2025 for alternate land. For Petitioner : Mr.Chamundi Bose For Respondents : Mr.R.Ragavendran Government Advocate

ORDER

Heard both sides.

2.The petitioner was called upon the vacate from the petition mentioned premises. He filed W.P(MD)No.25510 of 2024. Vide order dated 04.03.2025, the writ petition was disposed of in the following terms: "3. Considering the special facts and circumstances, we direct the first respondent to grant alternative accommodation for the petitioner. It appears that the petitioner is very much eligible for such concessional treatment. After the petitioner is issued with patta, granting him alternative accommodation, he shall be given exactly two months thereafter to shift. In other 2/5

words, on the expiry of two months from the date of giving patta to the petitioner allotting him alternative site, the order impugned in the writ petition can be enforced." Contending that the order of this Court has not been complied with, the petitioner filed Cont.P(MD)No.2092 of 2025.

3.When the matter was taken up for hearing, the respondents submitted that an alternative site has been identified and patta has also been issued. Since the petitioner did not vacate, one more notice dated 23.10.2025 has been issued. It has been put to challenge in this writ petition. 4.The learned counsel for the petitioner points out that the alternative site offered by the respondents is virtually in-accessible. 5.The photographs produced by the learned counsel for the petitioner bear this out. We permit the petitioner to submit a fresh representation before the first respondent. The first respondent may cancel the patta issued for the alternative site and consider allotting some other site which will be accessible from the main road. The learned counsel for the petitioner submits that such request will be made within a period of 10 days. Till the same is disposed of, the impugned order shall not be enforced.

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6.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 06.11.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Assistant Director, Panchayat Board, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Thirupuvanam, 4.The Executive Officer, Thirupuvanam Town Panchayat, 5.The Inspector of Police, Thirupuvanam Police Station, 4/5

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

MGA 06.11.2025 5/5