K.Sankarasubramanian v. The Assistant Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.23052 of 2025 K.Sankarasubramanian ..Petitioner Vs 1 The Assistant Commissioner, Tirunelveli Municipal Corporation, Tirunelveli Town Region, Tirunelveli.
2 The Tahsildar, Tirunelveli Taluk, Tirunelveli.
..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 grant patta to the petitioner for his land in Survey Nos.768/2 admeasuring 0.60.0 Hectares situated at Suthamalli Village, Tirunelveli Taluk, Tirunelveli Corporation on the basis of his representation dated 14.07.2025.
For Petitioner : Mr.T.Selvan For Respondents : Mrs.S.Jeyapriya Govt. Advocate (for R2) Mr.A.Sivanupandian (for R1) 1/5
ORDER
The writ petition is filed seeking a direction to the respondents to grant patta in favour of the petitioner in respect of the land comprised in Survey No.768/2, admeasuring 0.60.0 hectares, situated at Suthamalli Village, Tirunelveli Taluk, Tirunelveli Corporation, by considering the petitioner's representation dated 14.07.2025.
2. Heard the arguments of Mr.T.Selvan, learned counsel for the petitioner, and Mr.A.Sivanupandian, learned counsel for the first respondent and Mrs.S.Jeya Priya, learned Government Advocate for the second respondent. By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, he has been in possession and enjoyment of the subject property and had also obtained a decree of injunction against the second respondent in O.S.No.455 of 2012 on the file of the Principal District Munsif, Tirunelveli. Based on the said decree, he submitted a representation dated 14.07.2025 seeking issuance of patta. However, the said representation has not been considered. Hence, the petitioner has approached this Court.
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4. The learned Government Advocate, who takes notice for the second respondent, submits that the subject property situated in Town Survey No. 768/2 is classified as "Government Punjai Anatheenam" in the Town Survey Land Register. Therefore, the petitioner's request for issuance of patta cannot be considered.
5. The learned counsel appearing for the petitioner, by drawing the attention of this Court to the Village Adangal Account issued in his name for the Fasli year 1419, corresponding to 2010-11, submits that in the Village Adangal extract, the subject property is classified as "Tharisu." He further submits that the petitioner's name is also mentioned as the person in possession of the said property.
6. In view of the rival contentions raised by the petitioner and the second respondent, this court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the petitioner's representation dated 14.07.2025 and pass final orders on its own merits within a period of twelve (12) weeks from the date of receipt of a copy of this order. The first respondent shall afford reasonable opportunity to the petitioner before taking a final decision on the representation. 3/5
7. With the above direction, this writ petition is disposed of. No costs. 26.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1 The Assistant Commissioner, Tirunelveli Municipal Corporation, Tirunelveli Town Region, Tirunelveli.
2 The Tahsildar, Tirunelveli Taluk, Tirunelveli.
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S.SOUNTHAR, J.
skn Writ Petition(MD)No.23052 of 2025 26.08.2025 5/5