Madras High Court
Abiraham vs The District Collector on 25 September, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.09.2025
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.26348 of 2022
Abiraham ...Petitioner
Vs
1. The District Collector,
Thenkasi District.
2. The District Revenue Officer,
Thenkasi District.
3. The Revenue Divisional Officer,
Thenkasi District.
4. The Tahsildar,
Alangulam Taluk, Thenkasi District.
5. The Assistant Director of Town Panchayat,
Thenkasi District.
6. The Executive Officer,
Alangulam Selection Grade Town Panchayat,
Thenkasi District.
7. Ganesan,
The Executive Officer,
Alangulam Selection Grade Town Panchayat,
Thenkasi District.
8. Palanivel,
Kalathimadam, Thenkasi District.
9. Mohaideen,
Clerk, Alangulam Selection Grade Town Panchayat,
Thenkasi District.
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10. Balakrishnan,
Clerk, Alangulam Selection Grade Town Panchayat,
Thenkasi District.
11. Thiruvengadam,
Clerk, Alangulam Selection Grade Town Panchayat,
Thenkasi District.
12. Ematharmarajan,
Clerk, Alangulam Selection Grade Town Panchayat,
Thenkasi District.
13. Kannan,
Clerk, Alangulam Selection Grade Town Panchayat,
Thenkasi District.
14. Selvarajdurai,
Clerk, Alangulam Selection Grade Town Panchayat,
Thenkasi District. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of directing the respondents herein to pay compensation of
Rs. 2,14,500/- for forcible acquisition of patta land for causing demolition of
compound wall of petitioner to an extent of 109 sq.ft in old survey No.321/1
and new survey No.321/1C measuring 30 cents situated in 4th lane, 10th ward,
Ambai Road, Alangulam Village, Thenkasi District, covered by patta No. 3020,
and pass such further or other orders as this Court.
For Petitioner : M/s.C.Christopher
For Respondents : Mr.P.Thambidurai
Government Advocate
for R1 to R5
Mr.G.Sivaraja
Government Advocate for R6 & R7
No appearance for R9 to R11, and 13
R8, R12 and R14-unserved
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ORDER
On the basis that the respondents had forcibly acquired the petitioner's
patta land and demolished the compound wall of the petitioner, the petitioner
seeks compensation of Rs.2,14,500/-.
2.By an order dated 26.08.2025, this court directed the Tahsildar to file a
report. At today's hearing, the Tahsildar has filed a report stating that the
petitioner purchased a portion of the land in S.No.321/1C. It is further stated
that a 12 feet road was already existing even prior to the purchase by the
petitioner. It is also stated that the survey authorities carried out a survey of land
in S.No.321/1C and 321/2B1A. On that basis, it is stated that a 12 feet road was
existing in S.No.321/1C and a 20 feet road in S.No.321/2B1A on land donated
to the Government. The relevant report of the Taluk Surveyor is annexed.
3.Learned counsel for the petitioner contends that the gift deeds enclosed
in the typed set of the 4th respondent reveals that such gift deed was not
executed by the petitioner's vendor. He also disputes the fact that the 20 foot
road narrows down to 12 feet in the portion over which the petitioner claims
title.
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4.In the Taluk Surveyor's report, it is recorded as under:-
“njd;fhrp khtl;lk;> Myq;Fsk; tl;lk; kw;Wk;
fpuhkj;ijr; Nru;e;j jpU.Mgpufhk; vd;gtu; ghu;itapy; fz;l
nrd;id cau;ePjpkd;w kJiuf; fpisapy; njhlu;e;j tof;fpy;
fle;j 0108.2025 md;W toq;fg;gl;l jPug
; ;ghizapy;
njuptpf;fg;gl;lthW Myq;Fsk; fpuhkk;> Gy vz;fs;. 321/1C-,y;
kw;Wk; 321/2B1A Mfpatw;iw epy msitg; gpupT %yk; epy
msit nra;jjpy; kDjhuu; jpU.Mgpufhk; vd;gtUf;F
nrhe;jkhd Gy vz; 321/1C-,y; Myq;Fsk; Ng&uhl;rpapd;
%yk; ve;jnthU Mf;fpukpg;Gk; nra;ag;gl;L jhu; rhiy
Nghlg;gltpy;iy vd njupa tUfpwJ. ,j;Jld; Nkw;gb
Gyq;fspd; tiuglj;jpy; rhiy nry;Yk; ghij tz;zkpl;L
tiuglk; kw;Wk; FWtl;l mstupd; mwpf;if
Mfpatw;iw ,izj;J rku;g;gpj;Js;Nsd; vd;gijg; gzpTld;
njuptpj;Jf; nfhs;fpNwd;.”
5.As noticed earlier, the gift deed dated 15.03.2003 has also been
enclosed. On the basis of these materials, it is not possible to conclude that the
official respondents have forcibly acquired any portion of the petitioner's
property. A more detailed examination of these disputed questions of fact cannot
be appropriately undertaken in the summary proceedings.
6.With these observations, this writ petition is disposed of by leaving it
open to the petitioner to approach the jurisdictional civil court, if aggrieved. No
costs.
25.09.2025
NCC : Yes/No
Index : Yes/No
Internet: Yes/No
RJR
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To
1. The District Collector,
Thenkasi District.
2. The District Revenue Officer,
Thenkasi District.
3. The Revenue Divisional Officer,
Thenkasi District.
4. The Tahsildar,
Alangulam Taluk, Thenkasi District.
5. The Assistant Director of Town Panchayat,
Thenkasi District.
6. The Executive Officer,
Alangulam Selection Grade Town Panchayat,
Thenkasi District.
7. Ganesan,
The Executive Officer,
Alangulam Selection Grade Town Panchayat,
Thenkasi District.
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SENTHILKUMAR RAMAMOORTHY, J.
RJR W.P.(MD)No.26348 of 2022 25.09.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/09/2025 03:39:29 pm )