Citation : 2026 Latest Caselaw 653 Mad
Judgement Date : 23 February, 2026
W.P.(MD) No.4965 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P.(MD) No.4965 of 2026
and
W.M.P.(MD) No.4163 of 2026
M.Saravanan ... Petitioner
-vs-
1.The District Collector /
Monitoring Committee
Pudukkottai District
Pudukkottai
2.The Revenue Divisional Officer
Illuppur, Pudukkottai District
3.The Thashildhar
Ponnamaravathy
Pudukkottai District
4.The Block Development Officer
Ponnamaravathy Panchayat Union
Ponnamaravathy
Pudukkottai District
5.Shanthi ... Respondents
____________
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W.P.(MD) No.4965 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records pertaining to the 4 th
respondent's impugned order in Na.Ka.No.Aa-2/0509/2026 dated 09.02.2026
to quash the same as illegal and consequently direct the 2nd respondent to
issue patta to the petitioner by re-classifying his possessed lands and its
extent of 0.03.00 Ares situated in Survey No.677/1 of Ponnamaravathy East
Village, Ponnmaravathy Taluk, Pudukkottai District, according to law.
For Petitioner : Mr.A.Prasanna Rajadurai
For Respondents : Mr.J.Ashok
Additional Government Pleader for R1 to R4
ORDER
[Order of the Court was made by DR.G.JAYACHANDRAN, J.]
Mr.J.Ashok, learned Additional Government Pleader, takes notice
for the respondents 1 to 4.
2. The petitioner herein aggrieved by the notice, dated 09.02.2026,
issued by the fourth respondent, under Section 131(2) of the Tamil Nadu
Panchayats Act, 1994, is before this Court seeking to quash the same on the
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ground that he is residing in the subject land for the past forty years and his
request for issuance of patta is still pending before the District Collector.
3. Learned Additional Government Pleader appearing for the
respondents 1 to 4, on instructions, would submit that the application for
issuance of patta on the ground of long inhabitation and occupation cannot be
a ground to interfere with the notice issued under Section 131(2) of the Tamil
Nadu Panchayats Act, 1994. Section 131(2) only enables the grassroots /
revenue officials to report about any encroachment in the village panachayat
lands to the higher officials of the Revenue Department to institute
proceedings under the Tamil Nadu Panchayats Act, 1994 and to secure the
removal of the encroachments in the village panchayat lands.
4. From the reading of the impugned notice, it is clear that the
petitioner has been directed to remove the encroachment on or before
25.02.2026, failing which, the matter will be referred to the Tahsildar for
further action. In such circumstances, it is not necessary for the Court to
interfere with such matters and if at all the petitioner has any grievance or
objection regarding the impugned notice, it is always open to him to make a
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representation to the Tahsildar and other authorities and seek for appropriate
orders for issuance of patta. We make it clear that pendency of the
application for issuance of patta shall not stand in the way of the Revenue
Authorities to remove the illegal encroachments in the public land, subject to
adherence of the procedures established under law. While doing so, the
representation of the petitioner for issuance of patta shall also be considered
by the authority concerned.
5. With the above observations, this writ petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[G.J., J.] [K.K.R.K., J.]
23.02.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The District Collector /
Monitoring Committee,
Pudukkottai District,
Pudukkottai.
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2.The Revenue Divisional Officer,
Illuppur,
Pudukkottai District.
3.The Thashildhar,
Ponnamaravathy,
Pudukkottai District.
4.The Block Development Officer,
Ponnamaravathy Panchayat Union,
Ponnamaravathy,
Pudukkottai District.
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DR.G.JAYACHANDRAN, J.
AND
K.K.RAMAKRISHNAN, J.
krk
and
23.02.2026
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