Madras High Court
A. Partheban vs The Collector Of Kallakurichi District on 1 September, 2025
Author: M.Sundar
Bench: M.Sundar
W.P.No.32407 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2025
CORAM
THE HONOURABLE MR. JUSTICE M.SUNDAR
and
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR
W.P. No.32407 of 2025
A. Partheban Petitioner
vs.
1. The Collector of Kallakurichi District
Collectorate
Kallakurichi
2. The Revenue Divisional Officer
Kallakurichi
Kallakurichi District
3. The Revenue Tahsildar
Vanapuram Taluk Office
Vanapuram Taluk
Kallakurichi District
4. K. Veeran Respondents
Writ 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,
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W.P.No.32407 of 2025
51/2B2 and 51/1 in Manalurpettai Village, Vanapuram Taluk,
Kallakurichi District by considering the petitioner's representation
dated 11.07.2025.
For petitioner Mr. R. Agilesh
For RR 1 to 3 Mr. T.K. Saravanan
Addl. Govt. Pleader
For R4 Notice dispensed with
ORDER
[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 ( Uploaded on: 03/09/2025 05:53:23 pm ) W.P.No.32407 of 2025 WP. 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 MADRAS DATED: 08.05.2025 CORAM:
THE HONOURABLE MRS. JUSTICE N. MALA AND THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN W.P.No.16254 of 2025 A. Partheban Petitioner vs.
1. The Collector of Kallakurichi District Collectorate, Kallakurichi
2. The Revenue Divisional Officer Kallakurichi Kallakurichi District
3. The Revenue Tahsildar Vanapuram Taluk Office Vanapuram Taluk Kallakurichi District
4. K. Veeran Respondents Page No.3/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2025 05:53:23 pm ) W.P.No.32407 of 2025 Writ 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 petitioner Mr. T. Dhanasekaran For RR 1 to 3 Mr. S.J. Mohamed Sathik Government Advocate ORDER (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.) 08.05.2025 cad/gya' Page No.4/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2025 05:53:23 pm ) W.P.No.32407 of 2025
4. 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.
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8. 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:
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9. 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.
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11. 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.)
01.09.2025
cad
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W.P.No.32407 of 2025
To
1. The Collector of Kallakurichi District Collectorate Kallakurichi
2. The Revenue Divisional Officer Kallakurichi Kallakurichi District
3. The Revenue Tahsildar Vanapuram Taluk Office Vanapuram Taluk Kallakurichi District Page No.9/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2025 05:53:23 pm ) W.P.No.32407 of 2025 M.SUNDAR, J.
and MUMMINENI SUDHEER KUMAR, J.
cad W.P.No.32407 of 2025 01.09.2025 Page No.10/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2025 05:53:23 pm )