K.Ramachandran v. The Government of Tamil Nadu

ORDER This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the fourth respondent to subdivide an extent of 50.40 cents of land from T.S.No.1/57, Rajapalayam Municipality, and to issue a separate joint patta in the names of 45 families who were relocated from Thiruvananthapuram Street, by considering the petitioner's representation dated 16.11.2024.

¶2Briefly stated, the background of the case is that communal riots had taken place in Thiruvananthapuram Street, Mangapuram Village, Rajapalayam Taluk. Pursuant thereto, 45 families were relocated and allotted a total extent of

1.36 acres of land in T.S.No.1, Block No.14, Ward 'E', Mattu Kottagai Street, Puthu Palayam Village, Rajapalayam Taluk, Virudhunagar District, and houses were constructed by the said families in an extent of 85.60 cents. The remaining extent of 50.40 cents was left open for common amenities for the benefit of the said 45 families. The allotment was made pursuant to G.O.(Ms)No.120, Scheduled Castes and Scheduled Tribes Welfare Department, dated 12.06.1997.

¶3After allotment of the said land, the families constructed a small Peedam, installed a deity, and commenced worship. While so, during the year 2018, certain third parties, including some persons from Mangapuram Street, attempted to encroach upon the said land. It is alleged that the fourth respondent, in collusion with the encroachers, forcibly removed the Peedam and threatened the families stating that the land belonged to the Municipality.

¶4The learned counsel for the petitioner submits that once an extent of 1.36 acres of land had been allotted to the 45 families, they are entitled to enjoy the entirety of the said land. It is contended that the decision of the families to keep an extent of 50.40 cents as open space for common amenities cannot be interfered with and that the fifth respondent Municipality, along with persons from the joint hamlets, is attempting to claim the said land, which, according to the petitioner, was part of the original allotment made in favour of the 45 families.

¶5However, since the learned counsel for the petitioner confines the prayer to a direction for disposal of the petitioner's representation dated 16.11.2024 seeking issuance of a joint patta in respect of the extent of 50.40 cents in favour of the 45 families, this Court directs the fourth respondent / Tahsildar to consider and dispose of the said representation on its own merits and pass appropriate orders in accordance with law. The said exercise shall be completed as expeditiously as possible, preferably within a period of sixteen weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to all parties concerned.

¶6With the above directions, this Writ Petition stands disposed of. No costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

27.01.2026 smn2 (2/2) To:-

1.The Secretary to Government of Tamil Nadu, Aadhi Dravidar Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The Sub Collector, Office of the Sub Collector, Sivakasi - 626 124.

4.The Tahsildhar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District

5.The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District. K.SURENDER

, J.

smn2

27.01.2026 (2/2)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER K.Ramachandran ... Petitioner -vs- 1.The Government of Tamil Nadu, Represented by Secretary to Government, Aadhi Dravidar Tribal Welfare Department, Fort St.George, Chennai - 600 009. 2.The District Collector, Virudhunagar District, Virudhunagar. 3.The Sub Collector, Office of the Sub Collector, Sivakasi - 626 124. 4.The Tahsildhar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District 5.The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District. 6.Ramasamy 7.Kannan ... Respondents [R6 and R7 are impleaded as per order dated 27.01.2026, made in W.M.P.(MD)No.6076 of 2025] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent herein to sub divide 50.40 cents of land from T.S.No.1/57, Rajapalayam Municipality and to issue a separate patta jointly in the names of 45 families relocated from Thiruvananthapuram Street by considering the representation of the petitioner, dated 16.11.2024. For Petitioner : Mr.D.Sivaraman For R1 to R4 : Mr.P.Subbaraj Special Government Pleader For R5 : Mr.N.Dilip Kumar Standing Counsel For R6 and R7 : Mrs.A.Banumathy