Dr.Jamal Yusuf v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.42166 of 2025 Dr.Jamal Yusuf .....
Petitioner Vs.
1.The District Collector, Nagapattinam, Nagapattinam District.
2.The District Revenue Officer, Nagapattinam, Nagapattinam District.
3.The Tahsildar, Nagapattinam Town, Nagoor Nagapattinam Public Office Road, Nagapattinam, Nagapattinam District.
4.The Superintendent of Police, Police Head Quarters, Velipallayam, Nagapattinam, Nagapattinam District.
.....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, calling for all the records on the file of the 2nd respondent vide his proceedings in No. NiMu.15935/2022-Aa4 dated 20.03.2025 and quash the same and consequently direct the 2nd and 3rd respondents to rectify the error in respect of the lands measuring to an extent of 1222.5 sq.mtr comprised in TS No.1247/2 Block No.29, Ward No.4 at Velipalayam Village (Kadambadi Bungalow Club Road), Nagapattinam Town and Taluk, Nagapattinam District, now showing as "Government Poramboke" in the revenue records and grant patta in the petitioner's name. For Petitioner : Mr.D.Sai Kumaran For R1 to R3 : Mr.D.Ravichander Special Government Pleader For R4 : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
This Writ Petition has been filed challenging the order dated 20.03.2025 passed by the second respondent, thereby rejected the request made by the petitioner to rectify the error in respect of the land comprised in TS No.1247/2, Block No.29, Ward No.4, to an extent of 1222.5 sq.mts, situated at Velipalayam Village, Nagapattinam.
2. Heard the learned counsel appearing on either side and
perused the materials available on record.
3. The land comprised in TS No.1247/2, Block No.29, Ward No.4, to an extent of 1222.5 sq.mts, situated at Velipalayam Village, Nagapattinam, was originally belonged to one Farook and it was sold in favour of the petitioner's son by a registered sale deed dated 28.10.1995 vide document No.1148 of 1995. Thereafter, the petitioner's son settled the property in favour of the petitioner by a settlement deed dated 05.01.2004, vide document No.12 of 2004. Pursuant to the settlement deed, the petitioner applied for patta.
4. During the enquiry on the application submitted by the petitioner seeking patta, the revenue records reveals that the subject land has been classified as Police Superintendent Quarters. Further it is seen that during the year 1974, the subject land was classified as Police Superintendent Bungalow. Further, in the year 1933, as per "A" Register, the subject land admeasuring 33577 sq.ft. was classified as acquired for Police Superintendent Quarters. Now, the land has been classified as Poromboke. Therefore, the request made by the petitioner was rejected for issuance of patta. When there exists a title dispute in respect of the subject property between the petitioner and the fourth respondent herein, the petitioner ought to have approached the Civil
Court for appropriate relief, since the revenue authorities do not have jurisdiction to decide the title in respect of subject property. Therefore, the request made by the petitioner was rightly rejected.
5. In view of the above, this Court finds no infirmity or illegality in the order dated 20.03.2025 passed by the second respondent. However, if the petitioner succeeds in the Civil Court in obtaining a declaration in respect of the subject property in his favour, the petitioner can very well approach the second respondent for change of classification as well as issuance of patta in accordance with law.
6. In the result, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs. 07.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The District Collector
Nagapattinam, Nagapattinam District 2.The District Revenue Officer Nagapattinam, Nagapattinam District 3.The Tahsildar Nagapattinam Town, Nagoor Nagapattinam Public Office Road, Nagapattinam, Nagapattinam District 4.The Superintendent of Police Police Head Quarters, Velipallayam, Nagapattinam Nagapattinam District 5.The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN. J, Lpp
07.10.2025