Shanmugam Chettiyar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.13178 of 2025 Shanmugam Chettiyar ... Petitioner Vs.

1.The District Collector, Ramanathapuram, 2.The Revenue Divisional Officer, Paramakudi, 3.The Thasildar, Paramakudi, 4.The Village Administrative Officer, Kallikudi, Paramakudi Taluk, ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the

records pertaining to the order dated 12.06.2025 passed by the third respondent vide X.K.b1/744/2025 and quash the same as illegal and consequently direct the respondents herein to grant patta in favour of the petitioner for the land comprised in Old Survey No.66, New Survey No. 66-4 situated at Ponnakarai Village, Kallikudi Group, Parthibanoor Sub Division, Paramakudi Taluk, Ramanathapuram District. For Petitioner : Mr.C.Senthil Murugan For R1 to R4 : Mr.M.Gangatharan Government Advocate

ORDER

This writ petition is filed challenging the order passed by the third respondent negativing the representation of the petitioner for issuance of patta.

2.Heard the arguments of Mr.C.Senthil Murugan, learned counsel appearing for the petitioner and Mr.M.Gangatharan, learned Government Advocate appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.It is the case of the petitioner that the entire extent of land in Old Survey No.66, measuring 2.20.5 Hectares, situated in Kallikudi Group, Parthibanoor Sub-Division, Paramakudi Taluk, Ramanathapuram District, belonged to his ancestors and the revenue documents stand in the name of the petitioner in respect of Survey No.66/2 measuring 1.11 acres. It is further stated that the petitioner's ancestors installed a Vinayagar deity in Survey No.66/4, measuring 12.35 cents and they have been worshipping the same. On the strength of long possession, the petitioner submitted a representation before the respondents seeking issuance of patta in his individual name. The same was negatived by the second respondent on the ground that the subject property has been classified as Government Poramboke and Vinayagar temple also stands there on.

4.The learned counsel appearing for the petitioner vehemently contented that the petitioner's ancestors had installed the Vinayagar deity in the subject property in Survey No. 66/4 and therefore, the petitioner is entitled to issuance of patta.

5.At the time of hearing, the learned Additional Government Pleader appearing for the respondents produced the old A register of Kallikudi Village. A perusal of the same would indicate that the survey No.66/4, with an extent of 5.5 Ares, is classified as Government Poramboke. In Column No. 12, there is a clear remark pointing out the existence of Vinayagar Temple. In these circumstances, I do not find any error in the order passed by the third respondent negativing the request of the petitioner for issuance of patta. Accordingly, this Writ Petition stands dismissed. However, it is open to the petitioner to establish his right by moving civil Court. No costs. Consequently, connected miscellaneous petition is closed.

26.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Ramanathapuram,

2.The Revenue Divisional Officer, Paramakudi, 3.The Thasildar, Paramakudi, 4.The Village Administrative Officer, Kallikudi, Paramakudi Taluk,

S.SOUNTHAR ,J cp W.P.(MD)No.17287 of 2025 Dated: 26.06.2025