Pathar Nisha v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.15765 of 2025 Pathar Nisha ... Petitioner .Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Gangaikondan Taluk, Gangaikondan, Tirunelveli District.

3.The Taluk Surveyor, Gangaikondan Taluk, Tirunelveli District.

4.The President, Kattu Baba Sahib Pallivasal @ Peer Mohemmed Sahib Pallivasan, Kattu Pallivasal, Gangai Kondan, Tirunelveli Taluk, Tirunelveli District.- 627 352 ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to issue separate patta in my name with regard to the property situated at Tirunelveli District, Tirunelveli Taluk, Gangai Kondan Part-II Village, Survey No1472/1A and S.No.1472/1B1B to an extent of 8.14 acres and to consider the Petitioner's representation, dated 29.11.2024 seeking issuance of patta in the Petitioner's name.

For Petitioner : Mr.J.M.Arvind Paulraj for M/s.M.Anitha For Respondents : Mr.D.S.Nedunchezian 1 to 3 .Govt. Advocate

O R D E R

The Petitioner herein seeks a direction to the second respondent to issue separate patta in his name with regard to the property situated at Tirunelveli District, Tirunelveli Taluk, Gangai Kondan Part-II Village, Survey No1472/1A and S.No.1472/1B1B to an extent of 8.14 acres by considering the Petitioner's representation, dated 29.11.2024.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/5

3.When the Writ Petition is taken up for hearing today, the learned Government Advocate appearing for the respondents 1 to 3 would submit that the request made by the Petitioner was already considered by the Tahsildar, Tirunelveli in his proceedings in Na.Ka.Aa7/2298/2024,dated 9.6.2025 and parties were relegated to work out their remedy before the Wakf Tribunal as a Wakf called, Katta Baba Pallivasal claimed right over the subject property. The learned Government Advocate also produced a copy of the order passed by the Tahsildar,Tirunelveli. 4.In view of the said submission made by the learned Government Advocate appearing for the respondents 1 to 3, the Writ Petition is dismissed, with liberty to the Petitioner to challenge the order passed by the Tahsildar, Tirunelveli in Na.Ka.Aa7/2298/2024, dated 09.06.2025 before the Appellate Authority concerned, namely the Revenue Divisional Officer. No costs.

12.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Gangaikondan Taluk, Gangaikondan, Tirunelveli District.

3.The Taluk Surveyor, Gangaikondan Taluk, Tirunelveli District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

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