Ramesh v. The District Collector,

ORDER The writ petition is filed seeking a direction to the first respondent to provide a free house site in favour of the petitioner by considering his representation dated 13.08.2025.

2.According to the petitioner, he is a poor person without any source of income and is required to vacate the present residential premises pursuant to the order passed by the Division Bench of this Court. Hence, he submitted a representation seeking allotment of an alternative site for residential purposes. Since the said representation has not been considered, the petitioner has approached this Court.

3.The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the petitioner was found to be in possession of a water body and, therefore, a public interest litigation was filed by one Ganesan in W.P(MD)No.1558 of 2020. The petitioner, on his part, filed W.P(MD)No.3884 of 2020 challenging the notice issued to him under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act and also sought a direction to the official respondents to issue an assignment patta in his favour. Both the writ petitions were heard together and the official respondents were directed to take further action in accordance with law for removal of the encroachment. Subsequently, the petitioner filed another writ petition in W.P.(MD)No.9194 of 2025, wherein he was granted six months' time to vacate the premises. The said order also stipulated that, in the event of failure on the part of the petitioner to vacate the premises within the stipulated time, the authorities were at liberty to enforce the order of eviction. Since the request of the petitioner for assignment had already been rejected, the present writ petition filed by him is not maintainable.

4.It is seen from the typed set of papers that the petitioner is found to be in possession of land classified as a water body. Therefore, he is facing eviction at the hands of the official respondents pursuant to the directions issued by the Division Bench of this Court in the above-mentioned writ petitions. In fact, in the earlier writ petition, namely, W.P(MD)No.3884 of 2020, the petitioner had sought a direction to the official respondents to issue an assignment patta in his favour, and the same was not granted. Therefore, the present request made by the petitioner cannot be considered.

5.Further, the learned Additional Government Pleader, on instructions, would submit that the request of the petitioner for assignment of free house-site patta was rejected by the Tahsildar, Orathanadu, in his proceedings Na.Ka.No.12055/2020/AA2, dated January 2026.

6.In the light of the said submission, if the petitioner is aggrieved by the said order of the Tahsildar, he is at liberty to challenge the same in the manner known to law. Since the request of the petitioner for assignment of free house-site patta was not granted by the Division Bench of this Court in the earlier writ petition in W.P(MD)No.3884 of 2020, this Court is not inclined to issue any positive direction to the respondents to provide free house site patta.

7.Accordingly, the writ petition stands dismissed. No costs.

17.08.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1,The District Collector, Office of the District Collector, Thanjavur District.

2.The Tahsildar, Orathanadu Taluk Office, Thanjavur District.

S.SOUNTHAR, J.

skn

Writ Petition(MD)No.23669 of 2026

17.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2026 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.23669 of 2026 Ramesh .. Petitioner Vs. 1,The District Collector, Office of the District Collector, Thanjavur District. 2.The Tahsildar, Orathanadu Taluk Office, Thanjavur District. .. Respondents Prayer :The Writ Petition is filed under Article 226 of the Constitution of India, praying that this Court may be pleased to issue a Writ of Mandamus directing first respondent to provide a free house site patta in favour of the petitioner by considering his representation dated 13.08.2025 within the time stipulated by this Court. For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.C.Deepak Addl. Govt. Pleader