The Madurai Bench dismissed a writ petition filed by Seeni Musthafa seeking removal of encroachment over public land gifted for a Primary Health Centre. The Court held that the petition was impermissible as the issue was previously addressed in W.P.(MD).No.18351 of 2022.
No relief granted; the Writ Petition stands dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.25305 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD).No.25305 of 2024 and W.M.P.(MD).Nos.21490 and 23041 of 2024
Seeni Musthafa
... Petitioner
Vs.
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W.P.(MD).No.25305 of 2024
5.The Medical Officer, Primary Health Care Centre, Periyapattinam, Keelakkarai Taluk, Ramanathapuram District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondents No.1 to 3 to remove the encroachment over public property situated in S.No.72, to an extent of 3 Acres, Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District in pursuance to the representation of the petitioner dated 30.09.2024.
(Survey Number amended vide order dated 29.11.2024 passed in W.M.P.(MD).No.23043 of 2024 in W.P.(MD).No.25305 of 2024)
For Petitioner : Mr.H.Mahamed Hussain For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the Court was made by M.S.RAMESH,J.)
The present Writ Petition is filed for Mandamus to direct the respondents 1 to 3 to remove the encroachment over public property situated in S.No.72, to
an extent of 3 Acres, Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District in pursuance to the representation of the petitioner dated 30.09.2024.
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W.P.(MD).No.25305 of 2024
Survey No.72/2 in Periyapattinam Village, Keelakkarai Taluk, Ramanathapuram District, were gifted to the Government for the purpose of constructing a Primary Health Centre. It is now alleged that the Government has put up the Primary Health Centre in only 1.57 acres of land and the remaining portion of the land is under illegal occupation of the private individuals.
| Survey/ SubDn.No. |
Classification | Extent in ares |
Patta No. and name of the Registered Pattadar |
|---|---|---|---|
| 72/2A1A | Ryot-dry | 0.13.00 | 746. M.Saheed |
| 72/2A1B | Ryot-dry | 0.85.00 | 692. Jamaludeen Pallivasal |
| 72/2A2 | Ryot-dry | 0.32.00 | 414. Fasul Hug |
| 72/2B1 | Ryot-dry | 0.34.00 | 478. M.Mammd Pousia Beebi |
| 72/B2 | Ryot-dry | 0.24.00 | 731. S.Hameedammal |
| 72/B3 | Ryot-dry | 0.02.00 | 477. Mamd Abdul Kadar |
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W.P.(MD).No.25305 of 2024
| 72/2B4 | Ryot-dry | 0.02.00 | 384. A.Nazeer |
|---|---|---|---|
| 72/2B5 | Ryot-dry | 0.02.00 | 731. S.Hamedammal Beevi |
| 72/2B6 | Ryot-dry | 0.02.50 | 731. S.Hamedammal Beevi |
| 72/2B7 | Ryot-dry | 0.02.50 | 7. S.Abdul Kadar |
| 72/3 | Ryot-dry | 0.62.00 | 67. Govt Hospital Periyapattinam |
| 72/4 | Ryot-dry | 0.08.00 | 414. A.Fasool Hug |
| 72/5 | Ryot-dry | 1.57.50 | 504. Chief Educational Officer, Ramanathapuram District. |
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W.P.(MD).No.25305 of 2024
is not legally permissible. On this ground also, this Writ Petition does not
deserve consideration.
order as to costs. Consequently, connected miscellaneous petitions are closed.
(M.S.R.,J.) (A.D.M.C.,J.) 29.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To 1.The District Collector, Office of the District Collector, Ramanathapuram, Ramanathapuram District.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
3.The Tahsildar, Office of the Tahsildar, Keelakkarai, Ramanathapuram District.
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W.P.(MD).No.25305 of 2024
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W.P.(MD).No.25305 of 2024
M.S.RAMESH,J. and A.D.MARIA CLETE,J.
Lm
W.P.(MD).No.25305 of 2024
29.11.2024
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2 issues framed by the court
Whether the Writ Petition deserves consideration given that the cause of action was addressed in an earlier Writ Petition (No.18351 of 2022) disposed of by this Court.
Whether the grant of patta in favour of individuals over the land constitutes illegal occupation or encroachment challenging the government's action.
Colour shows how this judgement treated each authority
W.P.(MD).No.18351 of 2022Referred¶40
Seeni Musthafa
District Collector
Revenue Divisional Officer
Tahsildar
Assistant Director
Medical Officer
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
