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2025 DAILYLAW 216669 (MAD)

Mathiyalagan v. The Commissioner

WP(MD)/30308/2025 · 2025-10-30

B Pugalendhi, G R Swaminathan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.30308 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.30308 of 2025 and W.M.P.(MD)No.23501 of 2025 Mathiyalagan ... Petitioner Vs. 1.The Commissioner, Commissionerate of Land Administration, Chepauk , Chennai - 4. 2.The District Collector, Pudukkottai, Pudukkottai District. 3.The District Revenue Officer, Pudukkottai, Pudukkottai District. 4.The Revenue Divisional Officer, Illuppur, Pudukkottai District. 5.The Assistant Commissioner, Hindu Religious Endowments Department, Pudukkottai, Pudukkottai District. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.30308 of 2025 6.The Tahsildar, Kulathur Taluk, Pudukkottai District. 7.The Block Development Officer (Village Panchayat), Annavasal Panchayath Union, Pudukkottai District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the 2nd respondent's impugned order in Ne.Mu.E1/3666479/2025 dated 24.09.2025 to quash the same as illegal and consequently direct the 3rd respondent to take necessary alterations in the Revenue records after conducting their field Survey Nos.36 and 29 of Sathyamangalam Hamlet, Melur Village, Kulathur Taluk , Pudukkottai District according to law. For Petitioner : Mr.A.Prasanna Rajadurai For Respondents : Mr.C.Venkatesh Kumar Spl. Government Pleader for R1 to R6. Mr.M.Gangatharan, Government Advocate for R7. ORDER Heard both sides. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.30308 of 2025 2.The petitioner is in occupation of S.No.36/1. From the “A” register, it is seen that it has been classified as “Oorani”. The petitioner had suffered an eviction order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The appellate authority had also dismissed the appeal vide order dated 24.09.2025. 4.When two statutory authorities have gone into factual aspects, in writ jurisdiction, we will not be justified in re-appreciating the evidence. The petitioner does not have given an iota of title. The petitioner wants to side-step the issue by relying on a Tahsildar's communication in which it has been stated that if NOC is obtained from a local temple to which the land belonged, patta will be issued. 5.The learned Special Government Pleader has produced copy of the communication from the temple authority indicating that the temple has nothing to do with the subject number. 6.We are therefore not in a position to interfere. The writ petition is dismissed. However, taking into account the fact that the petitioner 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.30308 of 2025 has put up his residence, he is given eight months from today ie., 30.10.2025 to vacate. This concession is subject to filing of an undertaking affidavit by the writ petitioner both before this Court as well as before the sixth respondent. Such an affidavit filed shall be filed within a period of two weeks from the date of receipt of a copy of this order. If such an affidavit is not filed, the impugned order can be enforced immediately. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.J.,) & (B.P.J.,) 30.10.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Commissioner, Commissionerate of Land Administration, Chepauk , Chennai - 4. 2.The District Collector, Pudukkottai, Pudukkottai District. 3.The District Revenue Officer, 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.30308 of 2025 Pudukkottai, Pudukkottai District. 4.The Revenue Divisional Officer, Illuppur, Pudukkottai District. 5.The Assistant Commissioner, Hindu Religious Endowments Department, Pudukkottai, Pudukkottai District. 6.The Tahsildar, Kulathur Taluk, Pudukkottai District. 7.The Block Development Officer (Village Panchayat), Annavasal Panchayath Union, Pudukkottai District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.30308 of 2025 G.R.SWAMINATHAN, J. and B.PUGALENDHI, J. ias W.P(MD)No.30308 of 2025 30.10.2025 (1/2) 6/6 https://www.mhc.tn.gov.in/judis