Karthikeyan. C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.13865 of 2023 and W.M.P(MD)No.14374 of 2025 C.Karthikeyan ... Petitioner .Vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to to issue patta in favour of the Petitioner, based on the Petitioner's representation, dated 12.12.2022.

For Petitioner : Mr.H.Velavadhas For Respondents : Mrs.K.Malathi 1/5

1 and 2 Addl.Govt. Pleader

O R D E R

The Writ Petition is filed seeking a direction to the respondents to to issue patta in favour of the Petitioner, based on his representation, dated 12.12.2022.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.It is the case of the Petitioner that three cents of land in R.S.No.740/5,Anjugramam Village, Kanyakumari District has been in possession and enjoyment of the Petitioner for a very long time. It is stated that the Petitioner has been paying B-memo to the Government as a token of his enjoyment. Based on his possession, the Petitioner submitted a representation on 12.12.2022 before the first respondent seeking issuance of patta in his name. The same has not been considered till date. Hence the Petitioner is before this Court, with the present Writ Petition for the relief stated supra.

4.The second respondent has filed a counter affidavit and opposed the application on the ground that the similar request made by one Kamalam in respect of the very same property was 2/5

already rejected by the Commissioner of Land Administration in his proceedings in G1/4038697/2023, dated 01.06.2023, on the ground that the subject land is a high value land located at Anjugramam National Highways and the same can be utilized for Government purpose. Therefore, the respondents cannot be directed to consider the request of the petitioner which will go against the earlier order passed by the Commissioner of Land Administration.

5.This Court is conscious of the fact that already an order was passed by the commissioner of Land Administration in respect of the very same property, in a representation submitted by a third party and the same is not binding on the Petitioner, as he was not heard. In any event, the respondents 2 and 3 cannot be directed to consider the request of the Petitioner against the order passed by the Commissioner of Land Administration. 6.Therefore, the Writ Petition stands dismissed, with liberty to the petitioner to approach the Commissioner of Land Administration, for necessary relief, if he is so advised. No costs. In view of the order passed in the main writ Petition, W.M.P(MD)No.14374 of 2023 for impleading stands closed. 3/5

04.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Nagercoil, Kanyakumari District.

2.The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

S.SOUNTHAR.,J.

vsn 4/5

ORDER MADE IN W.P(MD)No.13865 of 2023 and W.M.P(MD)No.14374 of 2025 04.08.2025 5/5