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CDJ 2026 MHC 320
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| Court : High Court of Judicature at Madras |
| Case No : W.P. Nos. 823, 826, 829 & 835 of 2026 & W.M.P. Nos. 990, 996, 1000 & 1009 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM & THE HONOURABLE MR. JUSTICE C. KUMARAPPAN |
| Parties : F. Arul Mary Versus The District Collector, Cuddalore & Others |
| Appearing Advocates : For the Petitioners: A. Kumar & K.J. Sivakumar, Advocates. For the Respondents: T. Arun Kumar, Addl. Govt. Pleader. |
| Date of Judgment : 09-01-2026 |
| Head Note :- |
Constitution of India - Article 226 -
Comparative Citation:
2026 MHC 171, |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
2. Catch Words:
- Writ of Mandamus
- Encroachers
- Eviction
- Alternate land
- Eligibility criteria
- Free house site patta
- Representation
3. Summary:
The Court examined three writ petitions (W.P. Nos. 823, 826, 829) seeking a mandamus directing the revenue authority to identify free house‑site patta land after the petitioners, identified as encroachers, were allotted alternate land. The Court observed that the petitioners filed the writs within a week of sending their representation, a conduct it could not appreciate, and held that once alternate land is allotted the encroachers must approach the competent authority themselves. Consequently, these three petitions were dismissed. In W.P. No. 835, the petitioner's claim for free house‑site patta was found to lack proof of eligibility under the government scheme; mere representation was insufficient. The petition was therefore disposed of without any order of costs.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer in W.P.Nos.823, 826 and 829 of 2026: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner’s representation dated 05.01.2026 made to the 1st respondent to identify the petitioners’ free house site patta land granted in Periyapattu Village, Buvanagiri Taluk, by measuring the same by metes and bounds.
In W.P.No.835 of 2026: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner’s representation dated 22.12.2025 made to the 1st respondent for issuance of free house site patta in alternative site.)
Common Order:
S.M. Subramaniam, J.
1. The Writ Petitions in W.P.Nos.823, 826 and 829 of 2026 are filed for a Writ of Mandamus, to direct the 1st respondent to consider the petitioners’ representation dated 05.01.2026 to identify the petitioners’ free house site patta land granted in Periyapattu Village, Buvanagiri Taluk.
2. The petitioners were identified as encroachers and eviction proceedings were initiated and Authorities are in the process of evicting the encroachers. Considering the eligibility of these encroachers the Government Authorities provided alternate land to protect their livelihood.
3. The learned counsel for the petitioners would submit that alternate lands are provided, but it is to be identified.
4. The representation itself has been sent by the petitioners only on 05.01.0226 and the present Writ Petitions came to be filed within a period of one week. Such a conduct of the litigants at no circumstances be appreciated by this Court. Once the alternate land is allotted, it is for the encroachers to approach the competent Authority and take necessary steps to identify the land. Instead the petitioners have sent the representation through post and filed the Writ Petition, which would not solve the problems. However, the Writ Petition has been filed within a period of one week from the date of sending the representation, thus the same need not be entertained.
5. Consequently, the Writ Petitions in W.P.Nos. 823, 826 and 829 of 2026 stand dismissed.
6. In the Writ Petition is W.P.No.835 of 2026, the representation of the petitioner would show that accommodation has been granted to other encroachers, but the case of the petitioner in the said Writ Petition was not considered.
7. The alternate Government lands at free of cost is to be provided strictly in accordance with the eligibility criteria fixed for grant of free house site patta to land less poor people. Therefore, the Revenue Authorities has to ascertain the eligibility of the petitioners for the purpose of providing free house site. Mere representation would be insufficient. The petitioner has to establish that he is a landless poor person and eligible for availing the welfare benefit of free house site patta under the Government scheme. He is at liberty to pursue the representation sent by him to the appropriate Authority.
8. With these observations the Writ Petition in W.P.No.835 of 2026 stands disposed of. No costs. miscellaneous petitions are closed.
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