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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN WP No. 27071 of 2022 CNR:{HCMA011500542022}

AND WMP NO. 26286 OF 2022 Madhayan S/o. Ramasamy, Adi-Dravidar Street, Muthampatti Village, Valappady Taluk, Salem district ..Petitioner Vs

1. The District Collector Collectorate Buildings, Salem. 2. The District Revenue officer Collectorate Buildings, Salem

3. The Tahsildar Office of the Tahsildar , Vazhapadi, Salem district

4. The Block Development officer Vazhapadi Taluk, Salem district

5. The President Muthampatti Village Panchayat, Vazhapadi Taluk , Salem district

6. Kumar S/o. Chinnapaiyan, Adi Dravidar Street, Muthampatty Village, Vazhapadi Taluk , Salem district ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1 to 5 respondents to consider the representation of the petitioner dated 5/09/2022 for removal of encroachment and illegal construction being made by the 6th respondent in Survey No. 213/6, to an extent of 0.15 cents Muthampatty Village, Vazhapadi Taluk , Salem district.

For Petitioner : Mr.N.Umapathi For Respondent(s): Mr.B.Sivakolappan Additional Government Pleader – for R1 to R4 No appearance – for R5 and R6

Order

(Order of the Court was made by S.M.Subramaniam J.)

Writ of Mandamus has been instituted to direct the respondents 1 to 5 to consider the representation of the petitioner dated 05.09.2022 for removal of encroachment and illegal construction being made by the 6th respondent in Survey No. 213/6, to an extent of 0.15 cents Muthampatty Village, Vazhapadi Taluk , Salem district.

2. With reference to the relief sought for in the present writ petition, Tahsildar Valappady Taluk, Salem District filed a status report. Paragraphs

5, 6 and 7 of the status report reads as under:

“ 5. It is submitted that the averment in Para No.3 after petitioner affidavit that S.F. No. 213/6, extent 0.15 cents, belongs to Sri Mariamman Temple is denied. As stated in paragraph 4 above, S.F. No. 213/6 measures 786 sq.m (19.41 cents), is classified as Government street, and is not recorded as temple land. The extent of 0.15 cents does not tally with any subdivision. The temple in the eastern portion of S.F. No. 213/6 is a small structure of Sri Subramaniaswamy Temple. No Mariamman Temple is situated in S.F. No. 213/6. Sri Mariamman Temple of the village is situated in S.No.

108/4, near the railway lands.

6. It is submitted that the averment in Para No.4 petitioner affidavit that the vacant land belongs to Sri Mariamman Temple is denied. The revenue records do not show S.F. No. 213/6 as the property of any temple. The description given by the 6th respondent in Caveat Petition No. 50/2022 does not alter the classification of the land in the village accounts or confer any title on the temple. The present position of the construction is stated in paragraph 6 above.

7. It is respectfully submitted that since the 6th Respondent has been residing at the said Natham site for a long duration, steps have been taken by the revenue administration to regularize his housing occupancy. Accordingly, a formal proposal for the issuance of a House Site Patta in favor of formal proposal for the issuance of Ho throw the 6th Respondent has already been prepared and officially forwarded to the Revenue Divisional Officer (RDO), Salem for necessary approval vide Na.Ka.2628/2023/B1, Dated:28.07.2023.

3. In respect of the status report, learned counsel for the writ petitioner would submit that the sixth respondent is already owning three other lands.

4. If so, the petitioner is at liberty to submit his objections before the Tahsildar, Valappady Taluk and District Collector, Salem District for further consideration. It is needless to state that the Government lands are allotted / assigned only to landless poor persons in the manner contemplated under the Re