Madras High Court
WP/34928/2026 of K.DHANASEKAR Vs THE DISTRICT COLLECTOR on 31 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-08-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
Writ Petition No. 34928 of 2026
and
W.M.P.No. 38630 of 2026
K.Dhanasekar
..Petitioner
Vs
1. The District Collector
Office of Collectorate,
Villupuram District.
2. The Revenue Tahsildar,
Vikravandi Taluk,
Villupuram District.
3. B.Priyanka
..Respondents
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue Writ of Certiorari, calling for the entire records in pursuant to the impugned order in proceedings No. Moo.Mu.(M10)1126/2026 dated 10.07.2026
passed by the 1st respondent and quash the same.
For Petitioner:
Mr.A.Deivasigamani
For Respondents:
Mr.K.Surendar
Special Government Pleader for R1 & R2
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, being aggrieved by the proceedings passed by the District Collector in Moo.Mu.(M10)1126/2026 dated 10.07.2026, is before this Court seeking a Writ of Certiorari to call for the records and quash the same.
2. Perusal of the impugned proceedings, the District Collector reveals that at the instance of one Tmt.Priyanka, in the Writ Petition No.3458 of 2026 seeking a Writ of Certiorarified Mandamus to quash the order allotting a house site to the present petitioner and to remove the encroachment. A Division Bench of this Court vide order dated 10.02.2026, issued the following directions:- “5. In that view of the matter, instead of we going into various aspects of the matter that pertains to allotment of house sites to Adi-Dravidars and scrutinizing the revenue records, it is appropriate to direct the Collector to examine the correctness of the order dated 14.08.2025, which has been passed by the fourth respondent and take appropriate decision after affording an opportunity of hearing to the private respondent.”
3. Pursuant to the directions of this Court, an enquiry was conducted. The objections raised by the writ petitioner were considered and it was found that a patta had been issued in favour of the writ petitioner after sub-dividing Survey No.407/7 into Survey No.407/8. However, the revenue records as well as the house site layout plan approved by the Adi-Dravidar Welfare Department, indicate that the portion occupied by the petitioner and for which the patta was granted, is earmarked as an approach road. Furthermore, the patta had been granted without mutating the revenue records.
4. Having found so, the District Collector passed the impugned proceedings directing the Revenue Divisional Officer, Villupuram, to cancel the patta and recover the land encroached upon by the petitioner. It is also observed in the impugned proceedings that the petitioner herein is not a person eligible to claim benefits under the scheme for houseless beneficiary, since he already owns patta land purchased in the year 2018. Insofar as the impugned proceedings are concerned, we find that the same were passed after affording an opportunity of hearing to the petitioner and perusing the records as per the directions of this Court in W.P.No.3458 of 2026.
5. Since the land in occupation of the petitioner is earmarked as an approach road, this ground alone is sufficient to vacate him and clear the encroachment, notwithstanding the fact of cancellation of the patta granted. Hence, we are not inclined to interfere with the impugned proceedings passed by the District Collector. However, the petitioner is at liberty to seek a free house site if he is eligible under any of the schemes. If any such application is made to the appropriate authority, the same shall be considered as expeditiously as possible.
6. With the above observations and directions, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 31-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl To
1. The District Collector Office of Collectorate, Villupuram District.
2. The Revenue Tahsildar, Vikravandi Taluk, Villupuram District.
DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl Writ Petition No. 34928 of 2026 and W.M.P.No. 38630 of 2026 31-08-2026