Research › Search › Judgment

Madras High Court · body

2019 DAILYLAW 3662 (MAD)

Kasimiya Dharmasthabanam v. The Thasildar

WP(MD)/24143/2019 · 2026-03-23

G R Swaminathan, R Poornima

Transfer Petitionbody2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 W.P.(MD)NO.24143 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R.POORNIMA W.P.(MD)No.24143 of 2019 and W.M.P.(MD)No.20731 of 2019 Kasimiya Dharmasthabanam, Rajagiri, Papanasam Taluk, Thanjavur District, Rep. by its Hereditary Managing Trustee, R.E.M.S.A.Mohammed Kasim. ... Petitioner Vs. The Tahsildar, Papanasam Taluk Office, Thanjavur District ... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned notice issued by the respondent dated 23.09.2019 and quash the same as illegal and unconstitutional. For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.G.V.Vairam Santhosh, Additional Government Pleader. * * * 1/4 https://www.mhc.tn.gov.in/judis 2 W.P.(MD)NO.24143 OF 2019 O R D E R Heard both sides. 2. The petitioner seeks issuance of patta in respect of the petition mentioned property. His request was rejected by the Revenue Divisional Officer. The petitioner trust filed revision before the jurisdictional District Revenue Officer. The District Revenue Officer set aside the order of the Revenue Divisional Officer and remanded the matter to his file. As on date, patta proceedings are pending before the Revenue Divisional Officer, Kumbakonam in file No. 3699/2018. 3. In the meanwhile, the Tahsildar, Papanasam had issued the impugned order under Section 6 of the Land Encroachment Act. We are not in a position to quash the impugned order. The land in question has been classified as natham. A natham land is meant to be used as a house site. Normally, the natham land in the possession of an individual will not be of a large extent. But in this case, the total extent of land is around 1½ acres. It has been converted as a coconut 2/4 https://www.mhc.tn.gov.in/judis 3 W.P.(MD)NO.24143 OF 2019 grove, However, we do not want to go into the merits of the matter. We direct that the impugned order will abide by the outcome of the patta proceedings pending before the Revenue Divisional Officer, Kumbakonam. If the petitioner succeeds before the Revenue Divisional Officer, Kumbakonam, the impugned proceedings will not be enforced. If the petitioner loses, the impugned proceedings will be enforced. The Revenue Divisional Officer, Kumbakonam shall conclude the proceedings within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 23.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To: The Tahsildar, Papanasam Taluk Office, Thanjavur District 3/4 https://www.mhc.tn.gov.in/judis 4 W.P.(MD)NO.24143 OF 2019 G.R.SWAMINATHAN, J. AND R.POORNIMA, J. PMU W.P.(MD)No.24143 of 2019 23.03.2026 4/4 https://www.mhc.tn.gov.in/judis 5 W.P.(MD)NO.24143 OF 2019 5/4 https://www.mhc.tn.gov.in/judis