Mohamed Ibrahim Vs The Government of Tamil Nadu represented by its District Collector

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents not to interfere the petitioners peaceful possession and enjoyment of the property in Survey Nos.495/1, 495/3A, 495/3B situated in Pillathurai Village, Thathaiyangarpettai, Musiri Taluk, Tiruchirapalli District, without following the due process of law in the process of land acquisition based on the Decree in favour of the petitioner in O.S.No.39 of 2009 on the file of the District Munsif Judge, Musiri order dated 30.11.2021 within the time limit that may be stipulated by this Court.

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For Petitioner : Mr.Ramesh Mahadev For R1 to R5 : Mr.B.Ramanathan Additional Government Pleader For R6 : Mr.A.Kannan Additional Government Pleader *****

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O R D E R

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This Writ Petition has been filed seeking issuance of a Writ of

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Mandamus directing the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the property comprised in Survey Nos.495/1, 495/3A and 495/3B, situated at Pillathurai Village,

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

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W.P.(MD) No.1143 of 2026

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Thathaiyangarpettai, Musiri Taluk, Tiruchirapalli District, without following due process of law in the course of land acquisition, based on the decree dated 30.11.2021 passed in favour of the petitioner in O.S.No. 39 of 2009 on the file of the District Munsif Court, Musiri.

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With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

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The grievance of the petitioner is that without following due procedure, the third respondent, namely, the Special Tahsildar, is attempting to take over the property. It is not in dispute that the decree dated 30.11.2021 passed in O.S.No.39 of 2009 on the file of the District Munsif Court, Musiri, is in favour of the petitioner. This Court, vide order dated 06.10.2023 passed in W.P.(MD) No.14584 of 2022, directed TANGEDCO to provide service connection to the petitioner. The land is sought to be acquired by the authorities for granting free house site pattas to persons belonging to the Scheduled Caste and Scheduled Tribe communities in accordance with the schemes floated by the Government. However, the authorities are not following due procedure in acquiring the land.

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

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W.P.(MD) No.1143 of 2026

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This Court is of the view that once the authorities intend to

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acquire the land, due procedure has to be followed. The authorities, if they intend to acquire the land, shall do so strictly in accordance with the existing land acquisition laws. Therefore, the respondents are directed not to disturb the petitioner’s possession and enjoyment of the property without following due procedure for acquisition of the land.

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