Valarmathi v. The Commissioner

ORDER (Order of the Court was made by Dr.G.Jayachandran J.) The writ petitioner herein had earlier approached this Court by filing a writ petition seeking a Writ of Mandamus to direct the respondents to grant a house site patta for the extent of land in her occupation in Survey No.375/15.

¶2While considering the writ petition, this Court in its order dated

21.06.2024, passed in W.P.No.15993 of 2024, directed that the representation of the petitioner for the grant of patta be considered on merits within a period of two months from the date of receipt of a copy of the order. As a consequence, the representation was considered and the request for the grant of patta for an extent of 2.5 cents in Survey No.357/15 was rejected, since the said survey Page3 of 6 number is classified as "Mayanam" (graveyard) in the revenue records.

¶3Thereafter, an eviction notice was issued directing the petitioner to vacate the encroached portion vide order dated 25.04.2025 within 15 days from the receipt of the notice. When the authorities, after affording a due opportunity to the petitioner, found that the petitioner had not removed the encroachment, they have gone to the site on 01.07.2025 for removal of the encroachment. At that juncture, the petitioner submitted a representation seeking 10 days time to vacate. However, she failed to vacate the premises. Hence, notice dated

12.06.2026 was issued by the Jayamkondan Municipality.

¶4The said notice is challenged in this writ petition on the ground that the entire issue cropped up due to the ill will of one Chelladurai and no opportunity was given to the petitioner before issuance of the impugned notice.

¶5However, the narrated facts clearly indicate that the issue has been agitated by the writ petitioner since 2023. Her earlier writ petition, in W.P.No.13677 of 2023 filed to quash eviction notice, was considered by the Division Bench of this Court. The Division Bench gave a categorical finding that the subject land is classified as "Mayanam" in the 'A' Register of the village and held that once land is so classified, it is the duty of the petitioner to hand over the possession to the revenue authorities. Page4 of 6

¶6While so, the contention of the petitioner that no opportunity was given to her before passing the impugned order is factually incorrect. The petitioner, having been found in occupation of "Mayanam" cannot claim any right to continue in such illegal occupation. Hence, we find no illegality or infirmity in the impugned order.

¶7Accordingly, this Writ Petition stands dismissed. The respondents are directed to proceed with the eviction process in accordance with law if the petitioner fails to vacate the encroachment on her own. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (N.M.,J.) 14-07-2026 Index: Yes/No Speaking/Non-speaking order rpl To

1.The Commissioner Jayankondam Municipality,

2.The District Collector Office of the District Collector, Ariyalur District, Ariyalur.

3.The Revenue Divisional Officer Udayarpalayam, Ariyalur District. Page5 of 6

4.The Tahsildhar Udayarpalayam Taluk,

5.The Inspector Jayankondam Police Station, Jayankondam, WPoNo.o26548oofo2026 DR.G.JAYACHANDRANoJ. and N.MALAoJ. rpl WritoPetitionoNo.o26548oofo2026 and W.M.P.No.o29384oofo2026 14-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA Writ Petition No. 26548 of 2026 and W.M.P.No. 29384 of 2026 Valarmathi ..Petitioner Vs 1. The Commissioner Jayankondam Municipality, 2. The District Collector Office of the District Collector, Ariyalur District, Ariyalur. 3. The Revenue Divisional Officer Udayarpalayam, 4. The Tahsildhar Udayarpalayam Taluk, 5. The Inspector Jayankondam Police Station, Jayankondam, 6. The Village Administrative Officer Keezhakudiyiruppu Udayarpalayam Taluk, Page2 of 6 7. Chelladurai ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for records pertains to the impugned order of the 1st respondent dated 12.06.2026 in Na. Ka. Enn 5762/2021/F1 and to quash the same as illegal and forbear the 1st respondent form dispossession, evicting and demolishing the petitioner's house situated in S.No.375/15, Keezhakudiyuruppu Village, Jayankonam Municipality, Udayarpalayam Taluk, Ariyalur District and to pass. For Petitioner: Mr.A. Gouthaman For Respondents: Mr.B.Sivakollapan Government Advocate for R1 to R4