Dismissed¶47

R.Mariya Gunasekaran v. The Commissioner of Land Administration

Madras HC5 Jun 2025WP(MD)/15276/2025

Case brief

AI extract

What is this about?

Maintainability of PIL; personal interest versus public interest; abuse of constitutional rights; ulterior motive; Article 226 mandamus; village accounts; cancellation of pattas; encroachers; Kannivadi - Kuttathupatti Salai Prompoke Survey Nos.4 and 5; Sinthalagundu Village; Dindigul West Taluk; Na.Ka.No.112/,tm dated 25.03.2025; pattas dated 08.05.2025; G.O.Ms.No.64 Revenue Department dated 08.02.2022; writ petition dismissed; no costs; connected W.M.P.(MD) No.11560 of 2025 closed.

What did the court decide?

A public interest litigation that focuses on personal interest rather than problems of public interest, and seeks to solve structural issues and social inequality, is an abuse of constitutional rights. ¶46

R.Mariya Gunasekaran Vs The Commissioner of Land… — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.15276 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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W.P(MD)No.15276 of 2025 and

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W.M.P.(MD) No.11560 of 2025

R.Mariya Gunasekaran

... Petitioner

Vs.

1.The Commissioner of Land Administration, Land Administration Commission, Ezhilagam, Chepauk, Chennai – 5.

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2.The District Collector, Dindigul District, Dindigul.

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3.The Divisional Engineer, Highways Department of Construction and Maintenance, Dindigul.

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4.The District Revenue Officer, Dindigul District. Dindigul.

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5.The Revenue Divisional Officer, Dindigul, Dindigul District.

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6.The Tahsildar, Dindigul West Taluk, Dindigul District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15276 of 2025

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7.The Village Administrative Officer, Kuttathupatti Village, Dindigul West, Dindigul District.

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8.Sesuraj

9.Arul

10.Peter

11.Micheal Joseph

12.Velankanni

13.Xavier

14.Ambros

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15.Arul

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16.Irudhayaraj

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17.Yakoppu

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18.Vijaya Mary

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 4 to 7 not to make any change in the village accounts in respect of Kannivadi - Kuttathupatti Salai Prompoke Survey Nos.4 and 5, Sinthalagundu Village, Dindigul West Taluk, Dindigul District in virtue of the 3^rd respondent's proceedings in Na.Ka.No.112/,tm/Dated 25.03.2025 subsequently cancel the pattas issued to the encroachers in Kannivadi - Kuttathupatti Salai Prompoke Survey Nos.4 and 5, Sinthalagundu Village, Dindigul West Taluk, Dindigul District by the 2^nd respondent on 08.05.2025 based on the representation given to the respondents by the petitioner on 19.05.2025 on violating the Government

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15276 of 2025

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Order in G.O.Ms.No.64, Revenue Department, dated 08.02.2022 based on the representation given to the respondents by the petitioner on 19.05.2025 within the period stipulated by this Court.

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For Petitioner : Mr.S.Selvakumar For RR1 to 7 : Mr.P.Thilak Kumar Government Pleader

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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The writ on hand has been filed to direct respondents 2 and 4 to 7 not to make any change in the village accounts in respect of Kannivadi - Kuttathupatti Salai Prompoke Survey Nos.4 and 5, Sinthalagundu Village, Dindigul West Taluk, Dindigul District in virtue of the third respondent's proceedings in Na.Ka.No.112/,tm/Dated 25.03.2025 and subsequently cancel the pattas issued to the encroachers by the second respondent based on the representation given to the respondents by the petitioner on 19.05.2025.

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The relief as such sought for in the present public interest litigation is absolutely misconceived. Public interest litigation focuses 3/6

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15276 of 2025

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on problems of public interest. But, the present public interest litigation focuses on the personal interest and seeks to solve structural issues and social inequality, which is abuse of constitutional rights.

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Public interest litigations are filed to settle a score or to resolve personal issues. In either of the case, Courts will not come to the aid of such persons, who are all approaching the Court with some ulterior interest or motive. Therefore, this Writ Petition is not maintainable and the same is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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Index:Yes/No Internet:Yes/No NCC:Yes/No

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abr

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W.P(MD)No.15276 of 2025

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