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2026 Supreme(Online)(Mad) 25781

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
S.Elangovan – Appellant
Versus
The District Collector Thiruvallur – Respondent
WP No. 1962 of 2026 | WMP Nos. 10598, 10596 and 2050 OF 2026 | W.P.No.29642 of 2025 | W.P.No.47348 of 2025



Advocates:
For the Appellants/Petitioners: Mr.D.Muthukumarappa
For the Respondents:Mr.K.Karthik Jagannath Government Advocate

PIL not maintainable without challenging prior land assignment and patta grants; writ court cannot verify title without evidence.

Headnote:Article 226 of the Constitution of India governs writ jurisdiction. Petitioner sought mandamus to consider representation regarding government-assigned land later transferred with pattas issued. Court found prior writs dismissed, no challenge to assignment or patta grants. Issues framed on maintainability of public interest litigation without challenging prior proceedings. Ratio: Writ court cannot assess patta validity requiring evidence; liberty to file PIL does not cure defects absent challenge to title proceedings. Writ petition stands dismissed. No order as to costs.

Table of Content
1. prior writ petitions dismissed; liberty granted for pil. (Para 1 , 2)
2. land assigned and transferred; no challenge to proceedings. (Para 3 , 4)

The present writ petition, styled as public interest litigation under Article 226 of the Constitution of India, has been filed seeking a direction to the respondent authorities to consider the petitioner's representation dated

02.09.2024 and pass order in accordance with law.

2. Earlier, the same petitioner had approached this Court by filing W.P.No.29642 of 2025 praying for the same relief. The said writ petition was dismissed vide order dated 13.08.2025. Subsequently, the petitioner again filed W.P.No.47348 of 2025 for the same relief, which was also dismissed as withdrawn on 11.12.2025, wherein liberty was granted to him to file a public interest litigation, by observing that the maintainability aspect has to be considered by the Division Bench.

3. Now the petitioner has filed the present Public Interest Litigation praying for the same relief as prayed in the earlier writ petitions. The land in question was assigned by the Government Order dated 23.09.1974 to a company M/s.Southern Borax Limited, which was subsequently transferred to various individuals, who are having pattas in their favour. In such a situation, without challenging any of the proceedings, the petitioner has come up with the present writ petition.

4. Though liberty was granted to the petitioner at the time of dismissal of the second writ petition, we are of the view that the petitioner cannot maintain a public interest litigation without challenging any of the earlier proceedings, by which the land was assigned to third parties and pattas were also granted. Moreover, this Court exercising jurisdiction under Article 226 of the Constitution of India cannot decide the veracity of the assessment and the grant of patta which confers title in respect of the property, which certainly requires letting in of evidence.

6. For the reasons stated above, the writ petition stands dismissed.

There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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