High Court · 2025

W.P.No.38709 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.10.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMARandTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.38709 of 2025andW.M.P.No.43291 of 20251. C.Murugan2. Tmt.Sangeetha3. C.Sevathan ... Petitioners-Vs-1. The Additional Chief Secretary of Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.3. The Collector of Kallakurichi District, Collectorate, Kallakurichi.4. The Revenue Divisional Officer, Revenue Office, Kallakurichi.5. The Revenue Tahsildar, Office of the Tahsildar, Kalvarayan Hills Taluk, Kallakurichi District. ...Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus, to call for the records from the third respondent pertaining to their impugned order dated 11.09.2025 made in Na.Ka.No.Aa5/8307/2025 and to quash the same and directing the respondents to implement Chapters III, IV & VII of the Tamil Nadu Inam Estates (Abolition & Conversion into Ryotwari) Act, 1963 for the petitioners herein and grant ryotwari patta to the petitioners as per their family settlement deed dated 16.06.1970, registered Document No.560 of 1970 at the Sub Registrar Office, Vadakkanandal, for their lands, situated in Vellimalai Village, Kalvarayan Hills Taluk, Kallakurichi District and issue ryotwari patta for the lands of the petitioners by considering their representation dated 10.05.2025.For Petitioners:Mr.T.DhanasekaranFor Respondents:Ms.M.JayanthyAdditional Government Pleader O R D E R(Order of the Court was made by R.SURESH KUMAR, J.)The prayer sought for herein is for a writ of certiorarified mandamus to call for the records from the third respondent pertaining to the impugned order dated 11.09.2025 made in Na.Ka.No.Aa5/8307/2025 and to quash the same and direct the respondents to implement Chapters III, IV & VII of the Tamil Nadu Inam Estates (Abolition & Conversion into Ryotwari) Act, 1963 for the petitioners herein and grant ryotwari patta to the petitioners as per their family settlement deed dated 16.06.1970, registered as Document No.560 of 1970 on 2/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025the file of the Sub Registrar Office, Vadakkanandal for their lands situated in Vellimalai Village, Kalvarayan Hills Taluk, Kallakurichi District and issue ryotwari patta for the lands of the petitioners by considering their representation dated 10.05.2025.2. In respect of Survey No.20/2 at Vellimalai Village in Kallakurichi District, it is the claim of the petitioners that, it is a private land or patta land, however it is the stand of the official respondents that, it is the Government poramboke land. 3. Therefore, there has been proceedings of removal of encroachment under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) which ultimately has gone to the third respondent / Collector before whom an appeal under Section 10 of Tamil Nadu Act III of 1905 has been filed, however the same was dismissed on merits by the District Collector by order dated 11.09.2025, as against which even though the petitioners have filed revision under Section 10-A(1)(b) of the said Act on 19.09.2025 where they have also filed a stay petition to seek stay of the proceedings, during the pendency of the said revision petition before the first respondent, the fifth respondent, i.e., Revenue Tahsildar fews days back, i.e., on 26.09.2025 had 3/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025come with JCB and removed the building or structure that was built by the petitioners in the said land which is in question. Therefore, the building has been demolished, however the petitioners still maintain the agricultural crops which are standing and also some cattles are being available there. Therefore, in order to protect the cattles as well as the standing crops in the land though they sought for an interim order of stay which is pending before the first respondent, a direction they want us to be given to the first respondent to dispose of such stay petition at early point of time and till such time, they seek an interim protection also.4. Heard Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents, who, would submit that, along with the revision petition, the stay petition has been filed and the same would be considered and decided at the earliest within a time frame that may be stipulated by this Court or even the revision petition can be directed to dispose at an early date. Once the revision petition is disposed of on merits, that will take care of every view that is projected before the revision petition as well as this Court in the present writ petition, hence it may be disposed of, she contended.4/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 20255. Having considered the said submissions made by the learned counsel appearing for the parties and after having gone through the materials placed before this Court, this Court is inclined to dispose of the writ petition with the following orders:(i) There shall be a direction to the first respondent to decide the stay petition filed along with the revision petition dated 19.09.2025 by the petitioners against the order passed by the third respondent / Collector dated 11.09.2025 within a period of one month from the date of receipt of a copy of this order.(ii) Till the disposal of the stay petition by the first respondent, the other respondents including the respondents 4 & 5 shall maintain status quo insofar as the standing crops and the available cattles belong to the petitioners in the land in question.(iii) It is needless to mention that, once the stay petition is disposed of on merits or even if the revision petition is disposed of at the earliest by the first respondent, depending upon the outcome of such disposal, the petitioners' position can be decided.5/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 20256. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.(R.S.K., J.) (H.C., J.) 13.10.2025 (2/2)NCC : Yes / NoIndex : Yes / NoSpeaking Order : Yes / NovjiNote: Issue order copy by 15.10.2025.6/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025To1. The Additional Chief Secretary of Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.3. The Collector of Kallakurichi District, Collectorate, Kallakurichi.4. The Revenue Divisional Officer, Revenue Office, Kallakurichi.5. The Revenue Tahsildar, Office of the Tahsildar, Kalvarayan Hills Taluk, Kallakurichi District.7/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025R.SURESH KUMAR, J.and HEMANT CHANDANGOUDAR, J.vjiW.P.No.38709 of 2025andW.M.P.No.43291 of 202513.10.2025 (2/2)8/8

W.P.No.38709 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.10.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMARandTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.P.No.38709 of 2025andW.M.P.No.43291 of 20251. C.Murugan2. Tmt.Sangeetha3. C.Sevathan ... Petitioners-Vs-1. The Additional Chief Secretary of Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.3. The Collector of Kallakurichi District, Collectorate, Kallakurichi.4. The Revenue Divisional Officer, Revenue Office, Kallakurichi.5. The Revenue Tahsildar, Office of the Tahsildar, Kalvarayan Hills Taluk, Kallakurichi District. ...Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus, to call for the records from the third respondent pertaining to their impugned order dated 11.09.2025 made in Na.Ka.No.Aa5/8307/2025 and to quash the same and directing the respondents to implement Chapters III, IV & VII of the Tamil Nadu Inam Estates (Abolition & Conversion into Ryotwari) Act, 1963 for the petitioners herein and grant ryotwari patta to the petitioners as per their family settlement deed dated 16.06.1970, registered Document No.560 of 1970 at the Sub Registrar Office, Vadakkanandal, for their lands, situated in Vellimalai Village, Kalvarayan Hills Taluk, Kallakurichi District and issue ryotwari patta for the lands of the petitioners by considering their representation dated 10.05.2025.For Petitioners:Mr.T.DhanasekaranFor Respondents:Ms.M.JayanthyAdditional Government Pleader O R D E R(Order of the Court was made by R.SURESH KUMAR, J.)The prayer sought for herein is for a writ of certiorarified mandamus to call for the records from the third respondent pertaining to the impugned order dated 11.09.2025 made in Na.Ka.No.Aa5/8307/2025 and to quash the same and direct the respondents to implement Chapters III, IV & VII of the Tamil Nadu Inam Estates (Abolition & Conversion into Ryotwari) Act, 1963 for the petitioners herein and grant ryotwari patta to the petitioners as per their family settlement deed dated 16.06.1970, registered as Document No.560 of 1970 on 2/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025the file of the Sub Registrar Office, Vadakkanandal for their lands situated in Vellimalai Village, Kalvarayan Hills Taluk, Kallakurichi District and issue ryotwari patta for the lands of the petitioners by considering their representation dated 10.05.2025.2. In respect of Survey No.20/2 at Vellimalai Village in Kallakurichi District, it is the claim of the petitioners that, it is a private land or patta land, however it is the stand of the official respondents that, it is the Government poramboke land. 3. Therefore, there has been proceedings of removal of encroachment under the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) which ultimately has gone to the third respondent / Collector before whom an appeal under Section 10 of Tamil Nadu Act III of 1905 has been filed, however the same was dismissed on merits by the District Collector by order dated 11.09.2025, as against which even though the petitioners have filed revision under Section 10-A(1)(b) of the said Act on 19.09.2025 where they have also filed a stay petition to seek stay of the proceedings, during the pendency of the said revision petition before the first respondent, the fifth respondent, i.e., Revenue Tahsildar fews days back, i.e., on 26.09.2025 had 3/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025come with JCB and removed the building or structure that was built by the petitioners in the said land which is in question. Therefore, the building has been demolished, however the petitioners still maintain the agricultural crops which are standing and also some cattles are being available there. Therefore, in order to protect the cattles as well as the standing crops in the land though they sought for an interim order of stay which is pending before the first respondent, a direction they want us to be given to the first respondent to dispose of such stay petition at early point of time and till such time, they seek an interim protection also.4. Heard Ms.M.Jayanthy, learned Additional Government Pleader appearing for the respondents, who, would submit that, along with the revision petition, the stay petition has been filed and the same would be considered and decided at the earliest within a time frame that may be stipulated by this Court or even the revision petition can be directed to dispose at an early date. Once the revision petition is disposed of on merits, that will take care of every view that is projected before the revision petition as well as this Court in the present writ petition, hence it may be disposed of, she contended.4/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 20255. Having considered the said submissions made by the learned counsel appearing for the parties and after having gone through the materials placed before this Court, this Court is inclined to dispose of the writ petition with the following orders:(i) There shall be a direction to the first respondent to decide the stay petition filed along with the revision petition dated 19.09.2025 by the petitioners against the order passed by the third respondent / Collector dated 11.09.2025 within a period of one month from the date of receipt of a copy of this order.(ii) Till the disposal of the stay petition by the first respondent, the other respondents including the respondents 4 & 5 shall maintain status quo insofar as the standing crops and the available cattles belong to the petitioners in the land in question.(iii) It is needless to mention that, once the stay petition is disposed of on merits or even if the revision petition is disposed of at the earliest by the first respondent, depending upon the outcome of such disposal, the petitioners' position can be decided.5/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 20256. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.(R.S.K., J.) (H.C., J.) 13.10.2025 (2/2)NCC : Yes / NoIndex : Yes / NoSpeaking Order : Yes / NovjiNote: Issue order copy by 15.10.2025.6/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025To1. The Additional Chief Secretary of Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.2. The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.3. The Collector of Kallakurichi District, Collectorate, Kallakurichi.4. The Revenue Divisional Officer, Revenue Office, Kallakurichi.5. The Revenue Tahsildar, Office of the Tahsildar, Kalvarayan Hills Taluk, Kallakurichi District.7/8 https://www.mhc.tn.gov.in/judis W.P.No.38709 of 2025R.SURESH KUMAR, J.and HEMANT CHANDANGOUDAR, J.vjiW.P.No.38709 of 2025andW.M.P.No.43291 of 202513.10.2025 (2/2)8/8