Madras High CourtWP(MD)/17527/2025disposed of

Martin Manimuthu v. The District Collector,

2025-07-03Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Martin Manimuthu ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

4.The Tahsildar, Manur Taluk, 5.Panchayat President, Mela Ilanthaikulam, Manur Taluk, 1/4

6.The Block Development Officer, Manur Panchayat Union, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings impugned order passed by the second respondent vide Ni.Mu.Ke 2/2797/2025 (U.D.R.No.53/2025) dated 09.06.2025 and quash the same as illegal and consequently direct the fourth respondent to issue patta in the name of the petitioner.

For Petitioner : Mr.M.Sankar For Respondents : Mr.S.Vinoth Government Advocate for R.1 to R.4 Mr.G.Vairam Santhosh Additional Government Pleader for R.5 & R.6

ORDER

Heard both sides.

2.The petitioner approached the District Revenue Officer, Tirunelveli for grant of patta in respect of the petition mentioned survey number. The District Revenue Officer, Tirunelveli noted that the said survey number has been classified as "water body" (Odai) and declined to issue patta. Challenging the same, this Writ Petition came to be filed. 2/4

3.In writ proceedings, the character of the land cannot be assessed. We will have to necessarily go by the entry in the revenue record. If according to the petitioner, the survey number in question ought not to have been classified as water body, his remedy lies only before the civil Court. 4.Granting such liberty to the petitioner, this Writ Petition is dismissed. There shall be no order as to costs. [G.R.S., J.] [B.P., J.] 03.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

4.The Tahsildar, Manur Taluk, Tirunelveli District.

3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 5.Panchayat President, Mela Ilanthaikulam, Manur Taluk, 6.The Block Development Officer, Manur Panchayat Union, 03.07.2025 4/4