W.P.No.31598 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.09.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.31598 of 2018 And W.M.P.No.36823 of 2018 A.Gopal ... Petitioner Vs. 1 The District Collector, O/o.The Collectorate of Dharmapuri, Salem Main Road, Dharmapuri District. 2 The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Dharmapuri. 3 The Tahsildar, Taluk Office, Karimangalam, Dharmapuri District. 4 The Village Administrative Officer, Karimangalam, Dharmapuri District. 5 The Block Development Officer, O/o.Block Development Officer, Krishnagiri Main Road, Karimangalam, Dharmapuri District. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.31598 of 2018 Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent in connection with the impugned order bearing Na.Ka. No.3420/2018/A1 dated 30.09.2018 and quash the same and consequentially direct the fourth respondent not to interfere in the possession of the petitioner's property. For Petitioner : Mr.M.D.Thirunavukkarasu For Respondents : Mr.S.Balamurugan for R1 to R4 Government Advocate R5 – No Appearance O R D E R This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent in connection with the impugned order bearing Na.Ka.No.3420/2018/ A1 dated 30.09.2018 and quash the same and consequentially direct the fourth respondent not to interfere in the possession of the petitioner's property. 2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the agricultural land situated in Bandarahalli, Dharmapuri District in S.No.767 measuring an extent of 2/6 https://www.mhc.tn.gov.in/judis W.P.No.31598 of 2018 0.11.0 Hectare and the petitioner is cultivating grains and fast growing crops such as ragi, corn, rice millet, monocrops etc., including all seasonal crops. Whileso, the fourth respondent, without any prior intimation trespassed into the petitioner's land and took some soil for testing to construct some Government office and when the petitioner enquired, he was left un-answered. Hence, the petitioner filed suit in O.S.No.35 of 2018 before the Palakodu District Munsif Court and made representation dated 22.06.2018 to the respondents and since there was no response, filed W.P.No.17876 of 2018 and this Court vide order dated 20.07.2018 directed the respondents to consider the said representation, pursuant to which, the third respondent passed the impugned order. 3.Per contra, the learned Government Advocate submitted that the land comprised in S.No.767 for an extent of 0.11.0 hectares out of 0.70.5 hectares is under temporary enjoyment of petitioner. The said land is classified as main classification under purampoke land and sub classification is panathoppu. Since the petitioner encroached the property, penalty was levied. The petitioner has no right for assignment of the land. The learned Government Advocate further submitted that the petitioner already possess an extent of 0.79.0 3/6 https://www.mhc.tn.gov.in/judis W.P.No.31598 of 2018 hectare in S.No.778/1 Bandarahally Village and an extent of 0.20.40 hectare in S.No.766B1A in his name and in the name of his son Murugan. When the petitioner is a landlord, he is not entitled for assignment free of cost. If at all any assignment is made, it will be made only in favour of poor people that too if the land is not required for any Government purpose. 4.Heard both sides and perused the materials available on record. 5.Perusal of records reveal that the land comprised in S.No.767 for an extent of 0.11.0 hectares out of 0.70.5 hectares is under temporary enjoyment of the petitioner. The said land is classified as main classification under purampoke land and sub classification is panathoppu. The petitioner already possess an extent of 0.79.0 hectare in S.No.778/1 Bandarahally Village and an extent of 0.20.40 hectare in S.No.766B1A in his name and in the name of his son Murugan. 6.When the petitioner is a landlord, he is not entitled for assignment free of cost. If at all any assignment is made, it will be 4/6 https://www.mhc.tn.gov.in/judis W.P.No.31598 of 2018 made only in favour of poor people that too if the land is not required for any Government purpose. The petitioner has no right for assignment of the land. Since the petitioner encroached the property, penalty was levied. Hence the impugned order warrants no interference. 7.The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 09.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The District Collector, O/o.The Collectorate of Dharmapuri, Salem Main Road, Dharmapuri District. 2 The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Dharmapuri. 3 The Tahsildar, Taluk Office, Karimangalam, Dharmapuri District. 4 The Village Administrative Officer, Karimangalam, 5/6 https://www.mhc.tn.gov.in/judis W.P.No.31598 of 2018 Dharmapuri District. M.DHANDAPANI,J. pri 5 The Block Development Officer, O/o.Block Development Officer, Krishnagiri Main Road, Karimangalam, Dharmapuri District. W.P.No.31598 of 2018 And W.M.P.No.36823 of 2018 09.09.2025 6/6 https://www.mhc.tn.gov.in/judis