Murugesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2026

CORAM:

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

1. The District Collector, O/o. the District Collector, Thoothukudi, Thoothukudi District.

2. The Sub Collector, O/o. the Sub Collector, Kovilpatti, Thoothukudi District.

3. The Tahsildar, Vilathikulam Taluk Office, Vilathikulam, Thoothukudi District.

4. The Village Administrative Officer, O/o. the Village Administrative Officer, Manthikulam, Vilathikulam Taluk, Thoothukudi District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent No.3 to issue Patta as Thrashing Floor for the property situated in Old Survey No.112/1, New Survey No.370/8 and Old Survey No.118/1, New Survey No.370/9 in 1/6

Manthikulam, Lakkampatti Village, Vilathikulam Taluk, Thoothukudi District, with an extent about 20 Cents by considering the petitioner's representation dated 19.03.2026 within a time period stipulated by this Court. For Petitioner : Mr.A.Abdulkabur For Respondents : Mr.T.Amjadkhan Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondent No.3 to issue Patta as Thrashing Floor (Kalam) for the property situated in Old Survey No.112/1, New Survey No.370/8 and Old Survey No.118/1, New Survey No.370/9 in Manthikulam, Lakkampatti Village, Vilathikulam Taluk, Thoothukudi District, with an extent about 20 Cents by considering the petitioner's representation dated 19.03.2026 within a time period stipulated by this Court.

2. The contention of the petitioner is that the patta ought to be issued for Survey Nos.370/8 and 370/9 as "Kalam" in the name of the village. The petitioner relies upon the judgment in O.S.No.301 of 1967 on the file of the District Munsif Court, Kovilpatti. In the said suit, the plaintiffs were Irulappan Servai and others, and the defendants were Karuppan Yehali and others. The petitioner claims to 2/6

belong to the Irulappan Servai vagaira. The said suit was dismissed. However, in A.S.No.64 of 1970 on the file of the Sub Court, Tuticorin, it was declared that the land in question is a thrashing floor (Kalam), and that the plaintiffs, namely Irulappan Servai and others, are entitled to use the same for the purpose of thrashing grains. The relevant portion of the decree is extracted hereunder: "1. That it be and Is hereby declared that the appellants plaintiffs be and is hereby entitled to use the plaint schedule land described hereunder as thrashing floor.

2. That the suit O.S.No.301 of 1967 on the file of the District Munsif Court, Kovilpatti be and is hereby dismissed in other respect and

3. That each party do bear his or their own costs." The above decree clearly states that the plaintiffs are only entitled to use the land as a thrashing floor (Kalam) and they cannot claim right or ownership of the land. Further, the suit was dismissed in respect of the other reliefs sought.

3. In view of the above, the petitioner cannot claim issuance of patta for the said property in the name of the village. However, the land shall continue to be maintained as a thrashing floor (Kalam). The respondents shall not mutate the revenue records or grant patta in favour of any individual in respect of the said 3/6

land.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

15.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Collector, O/o. the District Collector, Thoothukudi, Thoothukudi District.

2. The Sub Collector,, O/o. the Sub Collector, Kovilpatti, Thoothukudi District.

3. The Tahsildar,, Vilathikulam Taluk Office, Vilathikulam, Thoothukudi District.

4. The Village Administrative Officer, O/o. the Village Administrative Officer, 4/6

Manthikulam, Vilathikulam Taluk, Thoothukudi District.

5/6

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 15.04.2026 6/6