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2026 Supreme(Online)(Mad) 84048

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
K. Khan Mohamed – Appellant
Versus
Secretary to the Government, Adi Dravidar Welfare Department – Respondent
W.P(MD)No.25817 of 2022|W.P(MD)No.26032 of 2022



Advocates:
For the Appellants/Petitioners: C.M. Arumugam
For the Respondents: J. Saranya, R. Alagumani

The Court granted the petitioners liberty to approach the competent Civil Court to resolve disputes regarding an eviction notice and the issuance of patta, directing the respondents to refrain from coercive steps until such time.

Headnote:(A) Writ Jurisdiction - Eviction Notice - Liberty to approach Civil Court - Where petitioners challenge an eviction notice and seek issuance of patta based on registered sale deeds, the Court may grant liberty to approach the competent Civil Court for appropriate relief and stay coercive steps in the interim.

Issues: Whether the petitioners should be granted liberty to approach the Civil Court to challenge the eviction notice and seek issuance of patta.

COMMON PRAYER :

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the impugned notice No. 2289/1994/A dated 08.11.2022 issued by the 5th respondent and to quash the same as illegal and consequently directing the 5th respondent to issue patta in petitioner favour based on his registered sale deed dated 28.08.1984 and 29.08.1984 vide sale deed in Document Nos. 839/1984 and 835/1984.

COMMON ORDER

(Order of the Court was made by M.DHANDAPANI, J.)

These Writ Petitions have been filed challenging the common eviction notice dated 08.11.2022 passed by the fifth respondent and for a consequential direction to the fifth respondent to issue patta in favour of the petitioners based on their registered sale deeds.

When the matter was taken up for hearing, the learned counsel appearing for the petitioners would submit that the petitioners have challenged the eviction notice issued by the fifth respondent in respect of the petitioners' occupation of the property comprised in Survey No. 645/3C. The learned counsel would further submit that the petitioners may be granted liberty to approach the competent Civil Court for appropriate relief.

In view of the above submission, this Court is inclined to grant liberty to the petitioner to approach the competent Civil Court and work out their remedy in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Till such time, the respondent is directed not to take any coercive steps pursuant to the impugned eviction notice.

With the above liberty and direction, these writ petitions are closed. No costs. Consequently, the connected miscellaneous petitions are closed.

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