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2026 DAILYLAW 96889 (MAD)

P.Deivam v. The Commissioner

WP(MD)/1340/2026 · 2026-01-21

K Surender

Transfer Petitionbody2026

Judgment text

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W.P.(MD) No.1340 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 CORAM THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD) No.1340 of 2026 P.Deivam ... Petitioner Vs. 1.The Commissioner, Aadhi Diravidar Welfare Commission, Ezilagam,Chennai – 600006. 2.The District Collector, Collectorate Campus, Virudhunagar, Virudhunagar District. 3.The District Aadhi Diravidar Welfare Officer, Collectorate Campus, Virudhunagar, Virudhunagar District. 4.The Tahsildar, Kariyapatti Taluk Office, Kariyapatti, Virudhunagar District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to assign a free house site patta to the petitioner in respect of his residential house situated in Survey No.113/1B, extent 2 ½ cents (Natham), Panikanenthal Village, Kariyapatti Taluk, Virudhunagar District on basis of the _____________ Page No. 1 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1340 of 2026 petitioner’s representation dated 25.09.2025 and consequently directing the fourth respondent to restore the petitioner’s demolished residential house or in the alternative provide suitable rehabilitation /alternative housing to the petitioner. For Petitioner : Mr.P.Manoharan For Respondents : Mr.S.Kameswaran Government Advocate ***** O R D E R This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to assign a free house site patta to the petitioner in respect of his residential house situated in Survey No. 113/1B, measuring an extent of 2½ cents (Natham), at Panikanenthal Village, Kariyapatti Taluk, Virudhunagar District, on the basis of the petitioner’s representation dated 25.09.2025, and consequently, directing the fourth respondent to restore/reconstruct the petitioner’s demolished residential house or in the alternative to provide suitable rehabilitation/alternative housing to the petitioner. 2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself. _____________ Page No. 2 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1340 of 2026 3. The learned counsel for the petitioner would submit that the petitioner had been residing in the dwelling house for quite some time and that without any prior notice, the same was demolished by the authorities, as a result of which the petitioner and his family are left without shelter. He further submits that the petitioner submitted a representation dated 25.09.2025 seeking assignment of a free house site patta in his favour and that the same has not been considered by the authorities. 4. The learned Government Advocate appearing for the respondents, on instructions, would submit that the petitioner had encroached upon the natham land. 5. The prayer for compensation for the demolished house or in the alternative for a house cannot be entertained in the present Writ Petition. The fact that the petitioner has made an application for assignment of a free house site patta can only be considered by the respondents. Since the petitioner has applied for assignment of a free house site patta, his eligibility shall be examined. The respondents are directed to consider the petitioner’s application after following the due procedure and if the _____________ Page No. 3 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1340 of 2026 petitioner is found entitled to a free house site patta in accordance with the rules and scheme, the same may be granted, as expeditiously as possible. 6. With the above directions, this Writ Petition stands disposed of. No costs. [K.SURENDER, J.] 21.01.2026 JEN Index : Yes / No Neutral Citation : Yes / No To 1.The Commissioner, Aadhi Diravidar Welfare Commission, Ezilagam,Chennai – 600006. 2.The District Collector, Collectorate Campus, Virudhunagar, Virudhunagar District. 3.The District Aadhi Diravidar Welfare Officer, Collectorate Campus, Virudhunagar, Virudhunagar District. 4.The Tahsildar, Kariyapatti Taluk Office, Kariyapatti, Virudhunagar District. _____________ Page No. 4 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1340 of 2026 K.SURENDER , J. JEN W.P.(MD) No.1340 of 2026 21.01.2026 (1/2) _____________ Page No. 5 of 5 https://www.mhc.tn.gov.in/judis