Judgment · High Court
Case at a glance
Outcome
Disposed of
In the result, the writ petition stands disposed of with the above observations and direction
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 66. Without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 26.10.2024 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, to take into consideration…
Judgment
WP.No.12832 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15-04-2025CORAMTHE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASADWP.No.12832 of 2025andWMP.No.14377 of 2025 M.ChinnappanSon of Maruthamuthu, Mela Street, Ramalingapuram Village, Alathur Taluk, Perambalur 621653.Petitioner(s)Vs1.The District Collector, District Collector Office, Perambalur District2.Block Development Officer, Alathur Union Alathur Talk, Perambalur District. 3. Village President, Ramalingapuram Panchayat, Ramalingapuram Village, Alathur Taluk, Perambalur District. Respondent(s)1/6 https://www.mhc.tn.gov.in/judis WP.No.12832 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 26.10.2024 and to restore the possession of the property situated at Ramalingapuram Village, Alathur Taluk, Perambalur District comprised in Natham S.No.547/1 of an extent of 1680 sq.ft. from out of 720 sq. meter and thereby direct the Tahsildar of Alathur to remove the fencing and to pass appropriate orders within a time frame fixed by this Honourable Court and pass such further orders. For Petitioner:M/s.N.GowriFor Respondents: Mrs.R.L.Karthika, Government Advocate ORDERThis writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 26.10.2024 and to restore the possession of the property situated at Ramalingapuram village, Alathur Taluk, Perambalur district, comprising Natham S. No. 547/1 of an extent of 1680 sq. ft. from out of 720 sq. meter and thereby direct the Tahsildar of Alathur to remove the fencing.
The petitioner is in long-standing possession and enjoyment of properties situated in S.No.547/5 and S.No.547/50 of Ramalingapuram Village, 2/6 https://www.mhc.tn.gov.in/judis WP.No.12832 of 2025 Alathur Panchayat Union, Perambalur District, classified as “Natham” lands. A small RCC house, cattle shed, and tin sheet structure have been put up on the property, which has been used for residence, agricultural storage, and access. The petitioner’s family has enjoyed this property for decades, and the petitioner holds an electricity service connection and has paid property tax. The land in front (S.No.547/1) has also been used for ingress, egress and livelihood.
Learned counsel appearing for the petitioner submits that the third respondent, a relative and Panchayat President, due to personal enmity, unlawfully entered the premises on 30.08.2024 along with police officials, demolished the cattle shed and tin roof, and removed paddy stock without authority or notice, violating principles of natural justice. He submits that despite the pendency of the civil suit (O.S.No.120 of 2024) for injunction and a legal notice issued on 04.09.2024, the third respondent continues to threaten dispossession. He further submits that the petitioner asserts that the property, being “Natham”, belongs to the petitioner under settled legal principles and seeks protection of possession through this writ petition.3/6 https://www.mhc.tn.gov.in/judis WP.No.12832 of 20254. Learned Government Advocate appearing for the respondents submits that the representation of the petitioner dated 26.10.2024 would be considered on merits, in accordance with law, within a time frame stipulated by this Court.
Heard both sides and perused the materials available on record.
Operative part
Without going into the merits of the case, the first respondent is directed to consider the representation of the petitioner dated 26.10.2024 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, to take into consideration all the relevant documents submitted by the petitioner in regard to the subject matter property and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. In the result, the writ petition stands disposed of with the above observations and direction. No costs. Consequently, connected miscellaneous petition is closed.15-04-2025cda4/6 https://www.mhc.tn.gov.in/judis WP.No.12832 of 2025To1.The District Collector, District Collector Office, Perambalur District2.Block Development Officer, Alathur Union Alathur Talk, Perambalur District. 3. Village President, Ramalingapuram Panchayat, Ramalingapuram Village, Alathur Taluk, Perambalur District.J.SATHYA NARAYANA PRASAD J.5/6 https://www.mhc.tn.gov.in/judis WP.No.12832 of 2025cdaWP.No.12832 of 202515-04-20256/6
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, the writ petition stands disposed of with the above observations and direction
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.