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Madras High CourtWP(MD)/5851/2026allowed

Ramani v. The District Collector

2026-06-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.06.2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Ramani ... Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The District Revenue Officer, Virudhunagar District, Virudhunagar.

3. The Revenue Divisional Officer, Sivakasi, Virudhunagar.

4. The Revenue Tahsildar, Rajapalayam Taluk, Virudhunagar.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order passed by the 1st respondent in Se.Mu.Aa.NL-G4/45/E-2788260/2024, dated 23.06.2025 and quash the same as illegal and consequently direct the respondents to issue free house site Patta in favour of the petitioner or transfer the subject land to the petitioner by accepting payment of cost by the 1/6

petitioner in respect of Natham Old Survey No.425/1 (Part), New Survey No.507/21, to an extent of 2168 sq.ft., Situated at Muthusamipuram Village, Rajapalayam Taluk, Virudhunagar District, on the basis of the petitioner's representation dated 31.07.2025, in the light of the G.O.No. 117 of Revenue and Disaster Management Land Disposal Wing, dated 18.03.2022, G.O(Ms)No.97 of Revenue and Disaster Management (LD-1(1)) Department, dated 21.02.2025 and G.O(Ms)No.531 Revenue and Disaster Management (Land Survey and Land Tax Scheme) Department, dated 08.08.2025 in accordance with law. For Petitioner : Mr.N.Marimuthu For Respondents : Mr.I.Pinaygash Counsel for State of Tamilnadu

ORDER

The present writ petition has been filed for a Certiorarified Mandamus, to quash the impugned order dated 23.06.2025 and consequently direct the respondents to issue free house site patta in favour of the petitioner.

2. The facts of the case are that the petitioner is in occupation of the land in Old Survey No.425/1 (Part), New Survey No.507/21 to an extent of 2168 sq.ft, which is classified as ''occupied natham''. Therefore, 2/6

the petitioner is seeking patta to the said land. However, the extent of the land is 2168 square feet which is equivalent to 5 cents. For any free house site patta, the occupant is entitled to either two cents or three cents and not more than the same. Hence, the impugned order has been passed rejecting the request of the petitioner for patta. Aggrieved over the same, the present writ petition has been filed. The petitioner has already filed a writ petition in W.P(MD)No.21926 of 2024. This Court in the said writ petition directed to consider the petitioner's application and pass orders. Since no order was passed, the petitioner filed contempt petition in Cont.P(MD)No.1709 of 2025. While the contempt petition was taken up for hearing, the impugned order of rejection was passed hurriedly. Now the petitioner has challenged the said order. The contention of the petitioner is that her father-in-law and mother-in-law were occupying the said land for more than 100 years. After marriage, the petitioner is staying in the said place for the past 40 years.

3. However, learned counsel for the State submitted that the said natham land is a re-assigned land after dividing the lands in which Survey No.507/19 is a private patta land and Survey No.507/20 is a road and therefore, the same cannot be granted.

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4. As far as Survey No.507/21 is concerned, it is classified as natham and in the remarks column, it is stated as ''Kaali Manai''. Hence, if the petitioner is claiming the same, she is entitled to the same. However, the petitioner is not entitled to free house site patta for more than 3 cents. The respondents have not considered the fact that the petitioner's family was occupying the said land for more than 100 years. Since it is still available for occupying the said land and the classification is also natham Kaalimanai, the impugned order is quashed. The 4th respondent is directed to consider for grant of patta to the petitioner only for 3 cents. As far as remaining 2 cents is concerned, the same is negotiable.

If the petitioner is ready and willing to pay the cost of the land, the respondents shall consider the same for the remaining 2 cents in the light of G.O.Ms.No.97, Revenue and Disaster Management (LD-1(1) Department, dated 21.02.2025 and G.O.Ms.No.537, Revenue and Disaster Management (Land Survey and Land Tax Scheme) Department, dated 08.08.2025. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs.

18.06.2026 Index : Yes / No : Yes / No bala Note : Issue order copy on 24.06.2026 To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The District Revenue Officer, Virudhunagar District, Virudhunagar.

3. The Revenue Divisional Officer, Sivakasi, Virudhunagar.

4. The Revenue Tahsildar, Rajapalayam Taluk, Virudhunagar.

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S.SRIMATHY, J.

bala ORDER MADE IN W.P(MD)No.5851 of 2026 DATED : 18.06.2026 6/6