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2025 DAILYLAW 138083 (MAD)

Peri.Muthaiah v. The Principal Secretary /

WP(MD)/15005/2025 · 2025-09-22

Senthilkumar Ramamoorthy

Transfer Petitionbody2025

Judgment text

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W.P.(MD)No.15005 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.09.2025 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.15005 of 2025 and WMP (MD) No.11222 of 2025 Peri.Muthaiah (Died) 1.Lakshmi 2.Meenadevi 3.Soundaravalli 4.Murugan ... Petitioners (Petitioners 1 to 4 impleaded by order of this Court dated 22.09.2025 in WMP (MD) No. 14972 of 2025) Vs. 1. The Principal Secretary /, The Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 600005. 2. The Director of Land Reforms, Ezhilagam, Chepauk, Chennai - 600005. 3. The Tamil Nadu Boodan Yagana, Board, Rep. by its Chairman, Ezhilagam, Chepauk, Chennai - 600005. 4. The District Collector, Sivagangai District, 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15005 of 2025 Sivagangai. 5. The Revenue Divisional Officer, Sivagangai District, Sivagangai. 6. The Tahsildar, Kalaiyarkoil Taluk, Sivagangai District. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to calling for the records relating to the impugned memorandum of the 6th respondent vide O.Mu.Aa.No.1/ 1827/2023 dated 12.05.2023 and quash the same as illegal and consequently direct the 5th and 6th respondents to survey the land in Survey Nos. 170/6A2 and 170/6B2 of an extent of 2 acres and 56 cents situated at Kollangudi village, Kalaiyarkovil Taluk, Sivagangai district to change the patta No. 763 in favour of the petitioner. For Petitioner :Mr.I.Saliyakhan For Respondents :Mr.K.R.Badurus Zaman Government Advocate O R D E R An order dated 12.05.2023 of the sixth respondent is challenged and the petitioner seeks a further direction to respondents 5 and 6 to survey the land in Survey Nos.170/6A2 and 170/6B2 of an extent of 2 acres and 56 cents. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15005 of 2025 2. The petitioner had earlier filed W.P(MD) No.5056 of 2020 for a direction to the District Collector to take action against one Meignanamoorthy and Arockiyam and prevent them from illegally occupying the petitioner's land in Survey No.170/6B2. After declining to entertain the writ petition, the Division Bench of this Court left it open to the petitioner to approach the Boomithana Board for allotment of lands, if otherwise entitled thereto. 3. After submitting a representation dated 06.10.2020, the present writ petition has been filed. 4. Learned Government Advocate appears on behalf of all the respondents. He submits that the petitioner's representation would be considered and disposed of on merits. 5. As discussed earlier, this court permitted the petitioner to approach the Boomithana Board for allotment of land. From the representation dated 06.10.2020, it appears that the petitioner approached the Boomithana Board. In those circumstances, the impugned order 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15005 of 2025 rejecting the petitioner's request and directing the petitioner to approach the Boomithana Board does not stand to reason. Therefore, the said order is set aside. As a corollary, the third respondent is directed to consider and dispose of the petitioner's representation dated 06.10.2020 within three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and any other person who is interested in the relevant property. 6. This writ petition stands disposed of on these terms. No costs. Consequently, connected miscellaneous petition is closed. 22.09.2025 NCC :No 1/2 Internet :Yes Index :No PKN 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15005 of 2025 To 1. The Principal Secretary /, The Commissioner of Land Reforms, Ezhilagam, Chepauk, Chennai - 600005. 2. The Director of Land Reforms, Ezhilagam, Chepauk, Chennai - 600005. 3. The Tamil Nadu Boodan Yagana, Board, Rep. by its Chairman, Ezhilagam, Chepauk, Chennai - 600005. 4. The District Collector, Sivagangai District, Sivagangai. 5. The Revenue Divisional Officer, Sivagangai District, Sivagangai. 6. The Tahsildar, Kalaiyarkoil Taluk, Sivagangai District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15005 of 2025 SENTHILKUMAR RAMAMOORTHY, J. PKN W.P.(MD)No.15005 of 2025 22.09.2025 1/2 6/6 https://www.mhc.tn.gov.in/judis