Joseph v. The District Collector

1 W.P.(MD)NO.25990 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25990 of 2025 Joseph ... Petitioner Vs.

1. The District Collector, O/o.the District Collector, Thoothukudi District.

2. The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

3. The Tahsildar, Eral Taluk, Thoothukudi District.

4. The Village Administrative Officer, Iruvappapuram 2 Village, Eral Taluk, Thoothukudi.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to collect kist for the petitioner's land in survey No.868, Iruvappapuram Village, Eral Taluk, Thoothukudi District based on the petitioner's representation dated 14.07.2025 and issue kist receipt for the same.

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2 W.P.(MD)NO.25990 OF 2025 For Petitioner : Mr.V.Shathurthi Raja For R-1 to R-4 : Mr.K.S.Selvaganesan, Additional Government Pleader.

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O R D E R

Heard both sides.

2. The writ petitioner wants this Court to direct the revenue authorities to issue him kist receipt for the petition-mentioned property. It is seen that the writ petitioner's mother Irudhayam Mariya Ammal filed O.S.No.541 of 1975 on the file of the District Munsif, Tuticorin and obtained declaration and permanent injunction in respect of the property comprised in old survey No.868 measuring an extent of 1 acre and 50 cents. The petitioner's mother is no more. The petitioner's siblings have executed a relinquishment deed in favour of the petitioner. A copy of the relinquishment deed dated 26.05.2017 has been enclosed in the typed set of papers. Patta is in the names of four other individuals apart from the writ petitioner. The learned Additional Government 2/5

3 W.P.(MD)NO.25990 OF 2025 Pleader clarified that only if the patta is in the name of the individual, kist receipt will be issued in his name. Kist cannot be issued to the individual in view of the opposition from the co-pattadars.

3. I therefore hold that the writ petitioner has to first obtain individual patta in his name. The petitioner is permitted to submit an application to the Tahsildar, Eral Taluk for sub-divisioning of the property and for issuing individual patta in his name. As and when the said application is submitted, it shall be disposed of on merits and in accordance with law by the third respondent within a period of twelve weeks thereafter. Once the petitioner obtains individual patta, kist has to be necessarily issued in his name. This writ petition stands disposed of. No costs.

22.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/5

4 W.P.(MD)NO.25990 OF 2025 To:

1. The District Collector, O/o.the District Collector, Thoothukudi District.

2. The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

3. The Tahsildar, Eral Taluk, Thoothukudi District.

4. The Village Administrative Officer, Iruvappapuram 2 Village, Eral Taluk, Thoothukudi.

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5 W.P.(MD)NO.25990 OF 2025 G.R.SWAMINATHAN,J.

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