Madras High Court
WP/27071/2022 of Madhayan Vs The District Collector on 5 October 2026
WP No. 27071 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 27071 of 2022
CNR:{HCMA011500542022}
AND
WMP NO. 26286 OF 2022
Madhayan
S/o. Ramasamy, Adi-Dravidar Street, Muthampatti Village, Valappady Taluk, Salem district
..Petitioner
Vs
1. The District Collector
Collectorate Buildings, Salem.
2. The District Revenue officer
Collectorate Buildings, Salem
3. The Tahsildar
Office of the Tahsildar , Vazhapadi, Salem district
4. The Block Development officer
Vazhapadi Taluk, Salem district
5. The President
Muthampatti Village Panchayat, Vazhapadi Taluk , Salem district
6. Kumar
S/o. Chinnapaiyan, Adi Dravidar Street,
Muthampatty Village, Vazhapadi Taluk , Salem district
..Respondents
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WP No. 27071 of 2022
Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1 to 5 respondents to consider the representation of the petitioner dated 5/09/2022 for removal of encroachment and illegal construction being made by the 6th respondent in Survey No.
213/6, to an extent of 0.15 cents Muthampatty Village, Vazhapadi Taluk , Salem district.
For Petitioner :
Mr.N.Umapathi
For Respondent(s):
Mr.B.Sivakolappan
Additional Government Pleader – for R1 to R4
No appearance – for R5 and R6
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Order
(Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents 1 to 5 to consider the representation of the petitioner dated 05.09.2022 for removal of encroachment and illegal construction being made by the 6th respondent in Survey No. 213/6, to an extent of 0.15 cents Muthampatty Village, Vazhapadi Taluk , Salem district.
2. With reference to the relief sought for in the present writ petition, Tahsildar Valappady Taluk, Salem District filed a status report. Paragraphs 5, 6 and 7 of the status report reads as under: “
5. It is submitted that the averment in Para No.3 after petitioner affidavit that S.F. No. 213/6, extent 0.15 cents,
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WP No. 27071 of 2022
belongs to Sri Mariamman Temple is denied. As stated in paragraph 4 above, S.F. No. 213/6 measures 786 sq.m (19.41 cents), is classified as Government street, and is not recorded as temple land. The extent of 0.15 cents does not tally with any subdivision. The temple in the eastern portion of S.F. No. 213/6 is a small structure of Sri Subramaniaswamy Temple. No Mariamman Temple is situated in S.F. No. 213/6. Sri Mariamman Temple of the village is situated in S.No. 108/4, near the railway lands.
6. It is submitted that the averment in Para No.4 petitioner affidavit that the vacant land belongs to Sri Mariamman Temple is denied. The revenue records do not show S.F. No. 213/6 as the property of any temple. The description given by the 6th respondent in Caveat Petition No. 50/2022 does not alter the classification of the land in the village accounts or confer any title on the temple. The present position of the construction is stated in paragraph 6 above.
7. It is respectfully submitted that since the 6th Respondent has been residing at the said Natham site for a long duration, steps have been taken by the revenue administration to regularize his housing occupancy. Accordingly, a formal proposal for the issuance of a House Site Patta in favor of formal proposal for the issuance of Ho throw the 6th Respondent has already been prepared and officially forwarded to the Revenue Divisional Officer (RDO), Salem for necessary approval vide Na.Ka.2628/2023/B1, Dated:28.07.2023.
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WP No. 27071 of 2022
3. In respect of the status report, learned counsel for the writ petitioner would submit that the sixth respondent is already owning three other lands.
4. If so, the petitioner is at liberty to submit his objections before the Tahsildar, Valappady Taluk and District Collector, Salem District for further consideration. It is needless to state that the Government lands are allotted / assigned only to landless poor persons in the manner contemplated under the Revenue Standing Orders. Unjust gain, at no circumstances, be permitted by competent authorities, who are vested with the duty to protect public properties. Regarding the submissions made by the writ petitioner, he is at liberty to submit his objections before the competent authority.
5. With the above observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 05-10-2026 Index: Yes Speaking order Neutral Citation: Yes/No KST
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WP No. 27071 of 2022
To
1. The District Collector Collectorate Buildings, Salem.
2. The District Revenue officer Collectorate Buildings, Salem
3. The Tahsildar Office of the Tahsildar , Vazhapadi, Salem district
4. The Block Development officer Vazhapadi Taluk, Salem district
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WP No. 27071 of 2022
S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 27071 of 2022 AND WMP NO. 26286 OF 2022 05-10-2026
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