High Court · 2025

W.P.No.32407 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.09.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMARW.P. No.32407 of 2025A. ParthebanPetitionervs.1.The Collector of Kallakurichi DistrictCollectorateKallakurichi2.The Revenue Divisional OfficerKallakurichiKallakurichi District3.The Revenue TahsildarVanapuram Taluk OfficeVanapuram TalukKallakurichi District4.K. VeeranRespondentsWrit Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the third respondent to remove the encroachment made by the fourth respondent in the land measuring 0.01.34 hectares, comprised in Survey No.193/1 and the lands measuring 1.00.50 hectares, comprised in Survey No.194/1, which the petitioner and his family are using as pathway as ingress and egress to reach their lands comprised in Survey Nos.51/2B1B, Page No.1/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 202551/2B2 and 51/1 in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District by considering the petitioner's representation dated 11.07.2025.For petitionerMr. R. AgileshFor RR 1 to 3Mr. T.K. SaravananAddl. Govt. PleaderFor R4Notice dispensed withORDER[made by M.SUNDAR, J.]Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is lands comprised in 'Survey Nos.193/1 and 194/1, both situate in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District' [hereinafter 'said lands' for the sake of convenience and clarity].2.Mr. R. Agilesh, learned counsel on record for writ petitioner, submits that the writ petitioner abridges the prayer and restricts it to Survey No.194/1 alone. In other words, to put it differently, learned counsel on record for writ petitioner submits that the writ petitioner is not making any prayer as regards Survey No.193/1 in the captioned Page No.2/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025WP. This submission is recorded and Survey No.194/1 shall now be referred to as 'said WP land' and Survey No.193/1 shall be referred to as 'said other land'.3.As regards the said other land, writ petitioner had earlier filed a writ petition with Removal of Encroachment (RoE) prayer vide W.P. No.16254 of 2025 and the same came to be disposed of by another Hon'ble Division Bench in and by order dated 08.05.2025 which reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.05.2025CORAM:THE HONOURABLE MRS. JUSTICE N. MALAANDTHE HONOURABLE MR. JUSTICE G. ARUL MURUGANW.P.No.16254 of 2025A. Partheban Petitionervs.1.The Collector of Kallakurichi DistrictCollectorate, Kallakurichi2.The Revenue Divisional OfficerKallakurichiKallakurichi District3.The Revenue TahsildarVanapuram Taluk OfficeVanapuram TalukKallakurichi District4.K. VeeranRespondentsPage No.3/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the third respondent to remove the encroachment made by the fourth respondent in the land measuring 0.01.34 hectares comprised in Survey No.193/1 which the petitioner and his family are using as pathway as ingress and egress to reach their lands comprised in Survey Nos.51/2B1B, 51/2B2 and 51/1 in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District by considering the petitioner's representation dated 26.03.2025.For petitionerMr. T. DhanasekaranFor RR 1 to 3Mr. S.J. Mohamed SathikGovernment AdvocateORDER(made by N. MALA, J.)This writ petition has been filed seeking a writ of mandamus directing the third respondent to remove the encroachment made by the fourth respondent in the land measuring 0.01.34 hectares comprised in Survey No.193/1 which the petitioner and his family are using as pathway for ingress and egress to reach their lands comprised in Survey Nos.51/2B1B, 51/2B2 and 51/1 in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District, by considering the petitioner's representation dated 26.03.2025.2.Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that though a larger relief is sought by the petitioner, it would suffice if a direction is given to the third respondent to dispose of the petitioner's representation dated 26.03.2025 within a time frame to be fixed by this Court.3.Considering the limited prayer now made by the learned counsel for the petitioner, this writ petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 26.03.2025 and pass orders on the same on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs. (N.M., J.) (G.A.M.,J.) 08.05.2025cad/gya'Page No.4/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 20254.Learned counsel submits that notwithstanding aforementioned 08.05.2025 judicial order, there is inaction qua official respondents. We do not express any view or opinion on this but we deem it appropriate to write that all the rights and contentions of writ petitioner stand preserved as regards alleged inaction.5.Reverting to said WP land, it is submitted by learned counsel for writ petitioner that the same has been classified as Government poramboke and fourth respondent (private respondent) has encroached upon the same, repeated requests to official respondents to remove alleged encroachment has not yielded results and that has necessitated the captioned WP.6.Issue notice to official respondents (respondents 1 to 3).7.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for official respondents (respondents 1 to 3) and submits, on instructions, that as regards said other land, a survey has already been conducted but we refrain from delving into the same owing to the reasons stated supra. Page No.5/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 20258.As regards the said WP land, learned State counsel submits that patta has been issued in favour of one Karuppan, father of fourth respondent and a scanned reproduction of the same is as follows:Page No.6/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 20259.As patta has been issued, we deem it appropriate to write that all the rights and contentions of writ petitioner stand preserved for assailing the grant of patta qua said WP land, if so advised and if so desired. Cancellation of patta proceedings, if any and if that be so, will obviously be after affording an opportunity to the patta holders, including fourth respondent (private respondent). Therefore, we dispense with notice to fourth respondent (private respondent) in the captioned WP and take up the main WP in the Admission Board itself with the consent of learned counsel for writ petitioner and learned State counsel.10.If cancellation of patta proceedings are initiated qua fourth respondent (private respondent) and/or any other similarly placed person(s), the same shall be dealt with on their own merits and in accordance with law untrammelled by instant order. In other words, this order will not impact the rights and contentions of fourth respondent (private respondent) and/or other similarly placed persons.Page No.7/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 202511.Captioned WP stands disposed of as closed in the aforesaid manner, albeit with preservation of rights, as aforesaid. There shall be no order as to costs.(M.S., J.) (M.S.K.,J.) 01.09.2025cadPage No.8/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025To1.The Collector of Kallakurichi DistrictCollectorateKallakurichi2.The Revenue Divisional OfficerKallakurichiKallakurichi District3.The Revenue TahsildarVanapuram Taluk OfficeVanapuram TalukKallakurichi DistrictPage No.9/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025M.SUNDAR, J.andMUMMINENI SUDHEER KUMAR, J.cadW.P.No.32407 of 202501.09.2025Page No.10/10

W.P.No.32407 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.09.2025CORAMTHE HONOURABLE MR. JUSTICE M.SUNDAR andTHE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMARW.P. No.32407 of 2025A. ParthebanPetitionervs.1.The Collector of Kallakurichi DistrictCollectorateKallakurichi2.The Revenue Divisional OfficerKallakurichiKallakurichi District3.The Revenue TahsildarVanapuram Taluk OfficeVanapuram TalukKallakurichi District4.K. VeeranRespondentsWrit Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the third respondent to remove the encroachment made by the fourth respondent in the land measuring 0.01.34 hectares, comprised in Survey No.193/1 and the lands measuring 1.00.50 hectares, comprised in Survey No.194/1, which the petitioner and his family are using as pathway as ingress and egress to reach their lands comprised in Survey Nos.51/2B1B, Page No.1/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 202551/2B2 and 51/1 in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District by considering the petitioner's representation dated 11.07.2025.For petitionerMr. R. AgileshFor RR 1 to 3Mr. T.K. SaravananAddl. Govt. PleaderFor R4Notice dispensed withORDER[made by M.SUNDAR, J.]Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is lands comprised in 'Survey Nos.193/1 and 194/1, both situate in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District' [hereinafter 'said lands' for the sake of convenience and clarity].2.Mr. R. Agilesh, learned counsel on record for writ petitioner, submits that the writ petitioner abridges the prayer and restricts it to Survey No.194/1 alone. In other words, to put it differently, learned counsel on record for writ petitioner submits that the writ petitioner is not making any prayer as regards Survey No.193/1 in the captioned Page No.2/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025WP. This submission is recorded and Survey No.194/1 shall now be referred to as 'said WP land' and Survey No.193/1 shall be referred to as 'said other land'.3.As regards the said other land, writ petitioner had earlier filed a writ petition with Removal of Encroachment (RoE) prayer vide W.P. No.16254 of 2025 and the same came to be disposed of by another Hon'ble Division Bench in and by order dated 08.05.2025 which reads as follows:'IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.05.2025CORAM:THE HONOURABLE MRS. JUSTICE N. MALAANDTHE HONOURABLE MR. JUSTICE G. ARUL MURUGANW.P.No.16254 of 2025A. Partheban Petitionervs.1.The Collector of Kallakurichi DistrictCollectorate, Kallakurichi2.The Revenue Divisional OfficerKallakurichiKallakurichi District3.The Revenue TahsildarVanapuram Taluk OfficeVanapuram TalukKallakurichi District4.K. VeeranRespondentsPage No.3/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the third respondent to remove the encroachment made by the fourth respondent in the land measuring 0.01.34 hectares comprised in Survey No.193/1 which the petitioner and his family are using as pathway as ingress and egress to reach their lands comprised in Survey Nos.51/2B1B, 51/2B2 and 51/1 in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District by considering the petitioner's representation dated 26.03.2025.For petitionerMr. T. DhanasekaranFor RR 1 to 3Mr. S.J. Mohamed SathikGovernment AdvocateORDER(made by N. MALA, J.)This writ petition has been filed seeking a writ of mandamus directing the third respondent to remove the encroachment made by the fourth respondent in the land measuring 0.01.34 hectares comprised in Survey No.193/1 which the petitioner and his family are using as pathway for ingress and egress to reach their lands comprised in Survey Nos.51/2B1B, 51/2B2 and 51/1 in Manalurpettai Village, Vanapuram Taluk, Kallakurichi District, by considering the petitioner's representation dated 26.03.2025.2.Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that though a larger relief is sought by the petitioner, it would suffice if a direction is given to the third respondent to dispose of the petitioner's representation dated 26.03.2025 within a time frame to be fixed by this Court.3.Considering the limited prayer now made by the learned counsel for the petitioner, this writ petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 26.03.2025 and pass orders on the same on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs. (N.M., J.) (G.A.M.,J.) 08.05.2025cad/gya'Page No.4/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 20254.Learned counsel submits that notwithstanding aforementioned 08.05.2025 judicial order, there is inaction qua official respondents. We do not express any view or opinion on this but we deem it appropriate to write that all the rights and contentions of writ petitioner stand preserved as regards alleged inaction.5.Reverting to said WP land, it is submitted by learned counsel for writ petitioner that the same has been classified as Government poramboke and fourth respondent (private respondent) has encroached upon the same, repeated requests to official respondents to remove alleged encroachment has not yielded results and that has necessitated the captioned WP.6.Issue notice to official respondents (respondents 1 to 3).7.Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for official respondents (respondents 1 to 3) and submits, on instructions, that as regards said other land, a survey has already been conducted but we refrain from delving into the same owing to the reasons stated supra. Page No.5/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 20258.As regards the said WP land, learned State counsel submits that patta has been issued in favour of one Karuppan, father of fourth respondent and a scanned reproduction of the same is as follows:Page No.6/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 20259.As patta has been issued, we deem it appropriate to write that all the rights and contentions of writ petitioner stand preserved for assailing the grant of patta qua said WP land, if so advised and if so desired. Cancellation of patta proceedings, if any and if that be so, will obviously be after affording an opportunity to the patta holders, including fourth respondent (private respondent). Therefore, we dispense with notice to fourth respondent (private respondent) in the captioned WP and take up the main WP in the Admission Board itself with the consent of learned counsel for writ petitioner and learned State counsel.10.If cancellation of patta proceedings are initiated qua fourth respondent (private respondent) and/or any other similarly placed person(s), the same shall be dealt with on their own merits and in accordance with law untrammelled by instant order. In other words, this order will not impact the rights and contentions of fourth respondent (private respondent) and/or other similarly placed persons.Page No.7/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 202511.Captioned WP stands disposed of as closed in the aforesaid manner, albeit with preservation of rights, as aforesaid. There shall be no order as to costs.(M.S., J.) (M.S.K.,J.) 01.09.2025cadPage No.8/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025To1.The Collector of Kallakurichi DistrictCollectorateKallakurichi2.The Revenue Divisional OfficerKallakurichiKallakurichi District3.The Revenue TahsildarVanapuram Taluk OfficeVanapuram TalukKallakurichi DistrictPage No.9/10 https://www.mhc.tn.gov.in/judis W.P.No.32407 of 2025M.SUNDAR, J.andMUMMINENI SUDHEER KUMAR, J.cadW.P.No.32407 of 202501.09.2025Page No.10/10