Mohammed Ismail v. The District Collector

ORDER (Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

¶2The impugned Form III Notice issued by the second respondent is in respect of S.No.1420/3, Vadakarai Keelpidagai Village, Senkottai Taluk.

¶3It is seen that this survey number was carved out of S.No. 1420/1. Copy of the "A" register has been made available. It is seen that S.No.1420/1 has been classified as "Mettukaal" ie., water body. Proposal was given by the Tahsildar, Senkottai, to reclassify this land as natham vide proceedings dated 29.08.2000.

¶4The Hon'ble Division Bench of this Court in W.P.(MD)Nos. 31214 and 31221 of 2023 (R.Manibharathi Vs. Union of India) had categorically held that any patta issued after 01.01.2000 in respect of water body has to be treated as null and void and therefore, the petitioners cannot have any claim over the petition mentioned survey number.

¶5The learned counsel for the petitioners states that the petitioners belong to the lower strata of society and that therefore, they have to be given alternative sites.

6.Even while sustaining the impugned Form III notice, we direct the District Collector, Tenkasi to consider the applications of the writ petitions for allotment of alternative sites. We make it clear that we have not given any positive direction. The case of each of the applicants will be considered as per the existing administrative norms. The impugned Form III notice shall be enforced as expeditiously as possible.

¶7The writ petition is dismissed with the aforesaid direction. No costs. (G.R.S., J.) (R.P., J.)

30.03.2026 Index : Yes / No

Internet : Yes / No NCC : Yes / No rmi To

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Engineer, Public Works Department (WRO) Tenkasi, Tirunelveli District.

3.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance) Senkottai, Tirunelveli District.

4.The Thasildar, Senkottai Taluk, Tirunelveli District.

G.R.SWAMINATHAN, J. AND

R.POORNIMA, J. rmi

30.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.03.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA 1.Mohammed Ismail 2.Rahmathulla 3.Syed Masood Beevi 4.Meeran Maidheen 5.Asan Beevi 6.Mohammed Azarudheen 7.Ahammed Maidheen 8.Abdul Kadhar 9.Sheik Hussain Beevi 10.Saburaal Beevi 11.Yusuf 12.Seinambu 13.Peer Mohammed 14.Abdul Rahmaan 15.Syed Sulaimaan 16.Mohammed Ismail 17.Abbas 18.Fathima 19.Basira 20.Kaameela 21.Dhiwan Beevi 22.Kathijal Beevi 23.Maidheen Pitchai 24.Mohammed Illiyas 25.Ismail Beevi 26.Sadham Hussain 27.Mohammed 28.Mohammed 29. Amanulla ... Petitioners Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Assistant Engineer, Public Works Department (WRO) Tenkasi, Tirunelveli District. 3.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance) Senkottai, Tirunelveli District. 4.The Thasildar, Senkottai Taluk, Tirunelveli District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders of the 2nd respondent dated 10.09.2018 and quash the same and consequently forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioners properties situtated in Survey No.1420/3 at Vadakarai Keelpidagai Village, Senkottai Taluk, Tirunelveli District. For Petitioners : Mr.K.Manickam For Respondents : Mr.S.Vinodh Government Advocate