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2025 Supreme(Online)(Mad) 73990

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
PARAMAESHWARY – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.10.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 6 133 of 2025 a nd W.M.P.No s . 6 745, 6 746 & 14219 of 2025 Parameshwary ...Petitioner -Vs-

1. The District Collector, Perambalur District, Perambalur – 621 212.

2. The District Revenue Officer, Perambalur District, Perambalur – 621 212.

3. The Tahsildar, Veppanthattai, Perambalur – 621 212. 4. The Joint Registrar, Co-operative Societies, Perambalur – 621 212.

5. R.Karunanidhi (R5 impleaded as per order of this Court dated 28.03.2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the proceedings of the first respondent in Na.Ka.A2/e- 73634/2023 dated 22.12.2023 and quash the same and consequently direct the respondents to restore the grant of assignment patta in survey No.36/17 to an extent of 0.09.0 heactare in Mettupalayam (South)

Village, Veppanthattai Taluk, Perambalur District.

For Petitioners : Mr.V.Goverthan For Mr.V.Achuthanandan For Respondents For R1 to R4 : Mr.D.Ravichander Special Government Pleader For R5 : Mr.R.Selvakumar

ORDER

This Writ Petition has been filed challenging the order passed by the first respondent dated 22.12.2023, thereby ordered to hand over the property to an extent of 0.03.5 hectares comprised in survey No.36/17, old survey No.415/17 situated at Mettupalayam (South)

Village, Veppanthattai Taluk, Perambalur District, in favour of the fourth respondent.

2. The petitioner applied for allotment of land and considering the request made by the petitioner, she was assigned land to an extent of 0.09.0 hectares land comprised in new survey No.36/17, old survey No.415/4, situated at Mettupalayam (South) Village, Veppanthattai Taluk, Perambalur District, by the proceedings dated 05.10.2014 in Assignment No.26/1424. While being so, by an order dated 22.12.2023, the first respondent issued order without prior enter upon permission to construct Mettupalayam Primary Agricultural Credit Societies building in the said land, on the application submitted by the fourth respondent. After granting permission to construct the building in the land to an extent of 0.03.50 hectares out of 0.09.00 hectares, the land has been sub divided to an extent of 0.03.50 from the total extent.

3. The learned counsel appearing for the petitioner submitted that the petitioner was not served with any notice before passing the impugned order. The subject land was in possession and enjoyment of the petitioner and there was no acquisition of land before handing over the same to the fourth respondent. Further, the counter filed by the first respondent nothing whisper about the assignment in respect of the subject land.

4. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

5. While pending the Writ Petition, the fifth respondent filed implead petition and the same was allowed by this Court. The fifth respondent produced the reply received under Right To Information Act, that the subject land was not assigned in favour of the petitioner in the year 2017. That apart, the person who assigned the land in favour of the petitioner is one V.Selvaraj. On perusal of the records, it is revealed that on the date of assignment viz., on 05.10.2014, no Thasildar was there in the name of V.Selvaraj. One Elumalai was the Thasildar at Veppanthattai, Perambalur District.

6. The Revenue Divisional Officer by the proposal dated

17.11.2023, recommended that the property comprised in survey No.39/17 to an extent of 0.09.0 hectare has been classified as Government Poramboke Assessed Punjai Tharisu. In the said total extent, to an extent of 0.03.5 hectares lands has been proposed to transfer of land for the purpose of construction of office building for Mettupalayam Primary Agricultural Cooperative Credit Society. He also certified that in the said land there is no temple, mosque, church, ancient mon

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