Dismissed¶29

Tamilmaran v. The Principal Secretary

Madras HC18 Mar 2025WP(MD)/5667/2025

Case brief

AI extract

What is this about?

patta cancellation; public pathway; S.No.406/1AT; PoiyundarKottai Village; Orathanadu Taluk; Thanjavur District; writ of mandamus; Article 226 Constitution of India; suppression of earlier orders; successive writ petitions; third round of litigation; abuse of process; close relative of Tamilmaran; patta issued to 21 persons including Rengan; representations dated 14.08.2024, 26.08.2024, 18.09.2024; W.P.(MD)No.15518 of 2021 order dated 31.08.2021; W.P.(MD)No.17897 of 2022 order dated 12.08.2022 Thanapathy; dismissed with no costs; Madurai Bench of Madras High Court; J. Nisha Banu J.; S. Srimathy J.; W.P.(MD)No.5667 of 2025.

What did the court decide?

None; writ petition dismissed with no costs. ¶29

Tamilmaran Vs The Principal Secretary — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.5667 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.03.2025

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CORAM:

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THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY

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W.P.(MD)No.5667 of 2025

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Tamilarasan ...Petitioner

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-Vs-

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1.The Principal Secretary,

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Rural Development and Panchayat Raj Department, Secretariat, Chennai.

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2.The District Collector Thanjavur District, Thanjavur.

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3.The Assistant Director,

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Rural Development and Panchayat Raj Department, Thanjavur District, Thanjavur.

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4.The Block Development Officer, BDO Office, Orathanadu, Thanjavur District.

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5.The Tashildhar, Orathanadu Taluk, Thanjavur District.

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6.Jeyakumar ...Respondent

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to

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https://www.mhc.tn.gov.in/judis 1/5

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W.P.(MD)No.5667 of 2025

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cancel the patta issued in respect of S.No.406/1AT and consequently direct the respondents to lay road in Public Pathway in S.No. 406/1AT situated at PoiyundarKottai Village, Orathanadu Taluk, Thanjavur District by considering the petitioner's representations dated 14.08.2024, 26.08.2024 and 18.09.2024 within stipulated time as fixed by this Court.

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For Petitioner : Mr.J.Senthil Kumaraiah For R1 to R5 : Mr.P.Thilak Kumar Government Pleader For R6 : Mr.R.Maheswaran

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ORDER

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(Order of the Court was made by J.NISHA BANU, J.)

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This writ petition is filed seeking a direction to the second respondent to cancel the patta issued in respect of the subject property and to lay a road for the purpose of public use in that property by considering his representations.

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2.The petitioner for the very same relief has earlier filed a writ petition in W.P.(MD)No.15518 of 2021 before this Court and this Court by an order dated 31.08.2021 had directed the authorities concerned to consider the representation of the petitioner and pass necessary order. Thereafter, the brother of the petitioner, namely, Thanapathy has filed a writ petition for the very same relief in W.P.(MD)No.17897 of 2022, in which this Court by an order dated 12.08.2022 has passed the following order:

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https://www.mhc.tn.gov.in/judis 2/5

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W.P.(MD)No.5667 of 2025

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“3.On instructions, the learned Special Government Pleader submitted that earlier one Tamilmaran had filed a writ petition in W.P. (MD)No.15518/ 2021, in which, this Court, by order dated 31.08.2021 had directed the respondents to consider the representation dated 23.07.2018 and 16.06.2021 that was given by the said Tamilmaran and take appropriate action. It is submitted that revenue records show that patta had been issued to 21 persons including one Rengan. Pursuant to the order dated 31.08.2021 in W.P.(MD)No.15518/2021, when the officers went to the said place for inspection, they found that Rengan has built a house based on a patta that is said to have been issued to him. Therefore, it is represented that his innocuous prayer of laying a pathway has an insidious intention behind it, inasmuch as the petitioner is none other than a close relative of Tamilmaran and he has suppressed these facts in the present writ petition.”

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3.The petitioner by suppressing the above said order has filed the present writ petition seeking the very same relief. Hence, we are not inclined to entertain this third round of litigation. Accordingly, this writ petition is dismissed. No costs.

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(J.N.B.,J.) (S.S.Y.,J.) 18.03.2025

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Index : Yes/No Internet : Yes/No ta

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https://www.mhc.tn.gov.in/judis 3/5

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W.P.(MD)No.5667 of 2025

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