IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE N.SATHISH KUMAR
The Commissioner of Land Adm – Appellant
Versus
G.Balakrishnan – Respondent
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W.A.(MD)No.3236 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD) No.3236 of 2025 and
C.M.P.(MD)No.19974 of 2025
1.The Commissioner of Land Administration, O/o. Commissioner of Land Administration,
Chepauk, Chennai-5.
2.The District Collector, Madurai District, Madurai.
3.The District Revenue Officer, O/o. District Revenue Officer,
Madurai District, Madurai.
4.The Revenue Divisional Officer, O/o. Revenue Divisional Officer,
Melur, Madurai District.
5.The Tahsildar, Tahsildar Office,
Melur Taluk, Madurai District. ... Appellants
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##PAGE2##W.A.(MD)No.3236 of 2026
1.G.Balakrishnan
2.G.Devaraj
3. G.Subburam
4. G. Thilagam ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 25.07.2024 in W.P.(MD)No.28206 of 2022 on the file of this Court.
For Appellants : Mr.Ajmal Khan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader
For Respondents : Mr.S.Rajasekar for M/s.Roy and Roy Associates
JUDGMENT
(Judgment of the Court was made by N.SATHISH KUMAR, J.)
Challenging the order of the learned Single Judge allowing the writ petition
filed by the respondents herein, this writ appeal has been filed.
2.The writ petition has been filed seeking a mandamus to restore the patta
for the subject property in the name of the writ petitioners. The contention of the writ petitioners is that the property was assigned to the petitioner's father and initially the patta for the subject property stood in the name of their father. Later, after the demise of their father, it was mutated in name of the writ petitioners/
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##PAGE3##W.A.(MD)No.3236 of 2026 respondents herein. However, without any prior intimation, the official respondents have cancelled the patta stating that the subject property is classified
as Panchami land.
3.The learned Single Judge considering the fact that no proper opportunity
whatsoever was given to the respondents to put forth their contention, had set aside the order cancelling the patta issued in the name of the respondents, on the ground of violation of principles of natural justice and to proceed with the matter
adhering to the due process of law.
4.The learned Additional Advocate General appearing on behalf of the
appellants would submit that the Government has already constituted a Committee vide G.O.(Ms)No.12, Adi Dravidar and Tribal Welfare (LA2) Department, dated 04.03.2022, to restore panchami land vested with non
pachamaras, therefore this matter may be recommended to the said Committee.
5.Heard the learned counsel appearing on either side and perused the
materials placed on record.
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##PAGE4##W.A.(MD)No.3236 of 2026
6.The respondents/writ petitioners contended that the subject property is
the Panchami land and assigned to the petitioner's father as early as in the year 1980. Per contra, the appellants claim that the subject land is not a Panchami land and it was never allotted to Panjamar. The issue as to whether the land was
actually assigned or whether it is Panchami land, cannot be decided at this stage.
7.The impugned order merely directs the authorities concerned to proceed
further in accordance with law and does not determine any rights of the parties finally. Hence, no interference is warranted with the said order. Accordingly, finding no merit in the appeal, the same stands dismissed. The authorities shall proceed in the matter strictly in accordance with law. Consequently, connected
miscellaneous petition is closed. There shall be no order as to costs.
[N.S.K.,J.] [M.J.R.,J.]
23.03.2026 NCC : Yes / No Index : Yes / No
ta
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##PAGE5##W.A.(MD)No.3236 of 2026
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