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2022 DAILYLAW 4850 (MAD)

Siluvai Mary v. The District Collector

WP(MD)/15084/2022 · 2026-06-08

G R Swaminathan, R Poornima

Transfer Petitionbody2022

Judgment text

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W.P(MD)No.15084 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P(MD)No.15084 of 2022 and W.M.P(MD)No.10791 of 2022 Siluvai Mary ... Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai, Sivagangai District. 3.The Tahsildhar, Tahsildhar Office, Elaiyangudi, Sivagangai District. 4.The Block Development Officer, Thirumangalam Union Office, Elaiyangudi, Sivagangai District. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15084 of 2022 5.S.Jeyakumar, President, Poolangudi Village Panchayath, Elaiyangudi, Sivagangai District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 5 to evict the petitioner from his continuous possession in the land survey No. 414 measuring to an extent of 8 cents out of extent of 0.78.00 Hectares siuated at Poolangudi Village, Sathanoor Group, Elaiyangudi Taluk, Sivagangai District and consequently to directing the respondents No.1 to 3 to grant her patta for the said land. For Petitioner : Mr.K.Saravanan For Respondents : Mr.M.P.Senthil Government Advocate for R.1 to R.4 No Appearance for R.5 ORDER (Order of the Court was made by G.R.Swaminathan J.) Heard both sides. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15084 of 2022 2.The petitioner wants this Court to restrain the authorities from evicting him from Survey No.414 of Poolangudi Village. Extract of the revenue record has been placed before us. It is seen therefrom that Survey No.414/1 has been classified as “Sarkar Poramboke (Natham – Vaikal)”. According to the petitioner, Survey No.414/1 is a large extent of land measuring around 78 ares. He would further contend that a portion of the said survey number is classified as “natham”, while the remaining portion is a channel. The respondents are not able to respond to this submission immediately. 3.Since the present writ petition is only for a writ of mandamus and we are satisfied that the petitioner is in possession of the property, we direct the respondents to adopt due process of law before taking any action against the petitioner. In other words, notice must be issued to the petitioner. Upon receipt of such notice, it is open to the petitioner to raise all contentions available to him. We once again clarify that we have not gone into the merits of the matter. As regards the petitioner's request for grant of patta, the issue is left open to be agitated afresh in the appropriate proceedings. 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15084 of 2022 4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.P, J.] 08.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai, Sivagangai District. 3.The Tahsildhar, Tahsildhar Office, Elaiyangudi, Sivagangai District. 4.The Block Development Officer, Thirumangalam Union Office, Elaiyangudi, Sivagangai District. 5.The President, Poolangudi Village Panchayath, Elaiyangudi, Sivagangai District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.15084 of 2022 G.R.SWAMINATHAN, J. AND R.POORNIMA , J. MGA W.P(MD)No.15084 of 2022 08.06.2026 5/5 https://www.mhc.tn.gov.in/judis